Feb
12
2019
Patterson, In re
Ruling:
Debtor's objection to claim was sustained as state court lacked the jurisdiction to decidewhether the lienholder's action violated the discharge injunction. (Bankr. M.D. La.)
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Consumer case opionion summary, case decided on February 12,2019, LexisNexis #0319-083
Mar
12
2019
Evans, In re
Ruling:
Relief requested for violation of the automatic stay was denied as each offending call occurredafter the discharge order was entered. (Bankr. S.D. Ala.)
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Consumer case opionion summary, case decided on March 12,2019, LexisNexis #0519-034
Mar
14
2019
Smith, In re
Ruling:
Reaffirmation agreement could not be executed and filed after discharge. (Bankr. W.D. Okla.)
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Consumer case opionion summary, case decided on March 14,2019, LexisNexis #0519-016
Mar
07
2019
Trevino v. Select Portfolio Servicing, Inc.
Ruling:
Court was not persuaded that compelling arbitration was inadequate to protect the substantive rights granted by the bankruptcy code. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on March 07,2019, LexisNexis #0419-085
Jan
31
2019
Hartley, In re--21st Mortg. Corp. v. Hartley
Ruling:
Summary judgment in proceeding for denial of discharge denied where parties differed overwhether communications by creditor should be categorized as attempts to collect personallyfrom debtor or whether they were simply attempts to determine whether payments would bemade on the debt. (Bankr. S.D. W. Va.)
Court: Judge or Jurisdiction information not available
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Consumer case opionion summary, case decided on January 31,2019, LexisNexis #0319-039
Sep
04
2018
Freeman, In re
Ruling:
Court denied debtor's motion seeking sanctions against LLC as the confirmation order hadno effect on the LLC's lien or the debt secured by that lien. (Bankr. C.D. Cal.)
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Consumer case opionion summary, case decided on September 04,2018, LexisNexis #1018-078
Aug
29
2018
Semans, In re
Ruling:
Court denied debtors' motion to vacate where there was no statutory basis to vacate the discharge order for the purpose of filing a post-discharge reaffirmation agreement. (Bankr. W.D.N.Y.)
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Consumer case opionion summary, case decided on August 29,2018, LexisNexis #1018-047
Apr
24
2018
Pohlman, In re
Ruling:
Court denied debtor's motion for sanctions as the debtor had already received a discharge and the stay expired when the court entered its discharge order. (Bankr. D. Idaho)
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Consumer case opionion summary, case decided on April 24,2018, LexisNexis #0918-108
Jul
25
2018
Homaidan, In re--Homaidan v. SLM Corp.
Ruling:
Court denied creditors' motion to compel arbitration as creditor violated § 524 when theydemanded payment from the debtor when debts were not student loans and had beendischarged. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on July 25,2018, LexisNexis #0918-015
Jul
26
2018
Capps, In re--Cybertron Int'l, Inc. v. Capps
Ruling:
Liabilities for acts committed postpetition may be pursued as the restrictive covenantobligations were not claims in debtor's bankruptcy and were not discharged. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on July 26,2018, LexisNexis #0918-016
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