Oct
12
2020
Cruz, In re
Ruling:
Chapter 13 plan did not meet the best interest of creditors test as debtors had not shown thatthe plan distributed property a claim that was not less than creditors would receive if thehome were sold in a Chapter 7 liquidation. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on October 12,2020, LexisNexis #1220-020
Oct
16
2020
Whitfield, In re
Ruling:
Motion to modify the debtor's Chapter 13 plan was allowed as trust proceeds receivedfollowing death of debtor’s mother were properly included in the bankruptcy estate. (Bankr.E.D.N.C.)
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Consumer case opionion summary, case decided on October 16,2020, LexisNexis #1220-021
Oct
20
2020
Tufts v. Hay
Ruling:
Court held that the district court erred by dismissing the action for lack of subject matterjurisdiction under the Barton Doctrine. (11th Cir.)
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Consumer case opionion summary, case decided on October 20,2020, LexisNexis #1220-022
Court: Judge or Jurisdiction information not available
Oct
19
2020
Podwinski, In re
Ruling:
Debtor's motion for judgment on the pleadings as to equitable tolling of Rule 4007(c) wasdenied as creditors were entitled to their day in court to try to meet their burden of provingfacts to support their request for an extension. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on October 19,2020, LexisNexis #1220-024
Oct
09
2020
Orosco, In re
Ruling:
Court denied debtors' motion to allow the late-filed amended claim of the creditor as debtorhad not alleged cause or excusable neglect. (Bankr. N.D. Tex.)
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Consumer case opionion summary, case decided on October 09,2020, LexisNexis #1220-025
Oct
19
2020
Coughlin, In re
Ruling:
Motions to enforce stay dismissed as 11 U.S.C §§ 106 and 101(27) lacked the requisite clarityof intent to abrogate tribal sovereign immunity. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on October 19,2020, LexisNexis #1220-001
Oct
20
2020
Floyd, In re
Ruling:
Authorization for pre-confirmation payment of prepetition tax debt denied absentsufficient business reason to bypass the usual confirmation procedure. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on October 20,2020, LexisNexis #1220-005
Oct
14
2020
Keane, In re
Ruling:
Debtor's landlord late-filed claim allowed subject to subordination to timely filed claims.(Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on October 14,2020, LexisNexis #1220-007
Oct
16
2020
Barretto, In re--Darienzo v. Barretto
Ruling:
Debt was dischargeable in bankruptcy as creditor failed to prove that he advanced themoney to the debtor or that the debtor made any misrepresentations. (Bankr. D. Haw.)
Court: Judge or Jurisdiction information not available
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Consumer case opionion summary, case decided on October 16,2020, LexisNexis #1220-009
Oct
19
2020
Taylor, In re--Sherrod & Brooks, LLC v. Taylor
Ruling:
Debtors did not owe any personal obligations under contracts entered into with creditor bytheir LLC that could be the basis for nondischargeable debt. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on October 19,2020, LexisNexis #1220-010
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