Consumer

McMahon, In re

Ruling: 
Motion to extend the deadline to file a complaint objecting to the debtor's discharge wasgranted as the movants did not have sufficient information to file a well-crafted complaintprior to the original deadline. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on November 29,2022, LexisNexis #0123-098

Fulton, In re--Fulton v. Mainline Auto Sales & Rental, LLC

Ruling: 
Court vacated the clerk's entry of default in an adversary proceeding as plaintiff failed toeffect proper service. (Bankr. D.S.C.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on November 18,2022, LexisNexis #0123-099

Clardy, In re

Ruling: 
Creditor's claim for unemployment compensation overpayment was not entitled to prioritystatus. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on December 01,2022, LexisNexis #0123-083

Gomez, In re

Ruling: 
Debtors were not entitled to claim a homestead exemption as the date of the bankruptcy filingpredated a change in the law that would have allowed for the exemption. (Bankr. D. Colo.)
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Consumer case opionion summary, case decided on November 17,2022, LexisNexis #0123-084

Schoenmann, In re--Schoenmann v. Schoenmann

Ruling: 
Debt was dischargeable absent proof of reliance on debtor's alleged misrepresentations.(Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on November 28,2022, LexisNexis #0123-085

Klein, In re

Ruling: 
Creditor's motion for a preliminary injunction to enjoin the debtors from spending thebalance of a U.S. Small Business Association loan was granted as the creditor demonstratedirreparable harm. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on December 07,2022, LexisNexis #0123-086

Granahan, In re

Ruling: 
Debt was nondischargeable where debtor intentionally, deliberately, and with the intent toobtain unemployment compensation benefits by fraud failed to report his earned wages to thestate department of labor. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on November 23,2022, LexisNexis #0123-087

Payne, In re--Payne v. Payne

Ruling: 
Husband's obligations for the wife's attorney fees were not excepted from discharge as thewife failed to put forward a credible argument that they were in the nature of alimony,maintenance, or support. (Bankr. N.D. Tex.)
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Consumer case opionion summary, case decided on November 22,2022, LexisNexis #0123-088

Francis, In re--Commonwealth v. Francis

Ruling: 
Costs assessed by the state bar in a disciplinary proceeding against the debtor weredischargeable as they were compensation to the state bar for its pecuniary losses. (Bankr. E.D.Va.)
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Consumer case opionion summary, case decided on December 02,2022, LexisNexis #0123-089

McDavid, In re--McDavid v. McDavid

Ruling: 
Complaint did not state a plausible claim for violation of the automatic stay as the property atissue was not property of the estate and it failed to plead all necessary elements. (Bankr. W.D.La.)
ABI Membership is required to access the full summary of McDavid, In re--McDavid v. McDavid. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 29,2022, LexisNexis #0123-090

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