Aug
17
2021
Ascue, In re
Ruling:
United States' collection efforts did not violate the discharge injunction as debt wasdeclared nondischargeable in a prior proceeding and res judicata precluded re-litigation ofall claims. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on August 17,2021, LexisNexis #1021-009
Aug
16
2021
Claudio Diaz, In re--Banco Popular De P.R. v. Claudio Diaz
Ruling:
Lender creditor was entitled to summary judgment declaring its lien on borrower debtor'sproperty valid as debtor had not filed an adversary proceeding to determine the lien'svalidity. (Bankr. D.P.R.)
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Consumer case opionion summary, case decided on August 16,2021, LexisNexis #1021-010
Court: Judge or Jurisdiction information not available
Aug
10
2021
DBMP LLC, In re--DBMP LLC v. Those Parties Listed on Appendix A to Complaint
Ruling:
Official Committee of Asbestos Personal Injury Claimants' motion for relief from automaticstay denied as prejudice to the estate would result if the stay was lifted. (Bankr. W.D.N.C.)
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Commercial case opionion summary, case decided on August 10,2021, LexisNexis #0921-089
Aug
05
2021
W. Asbestos Co., In re--Darden v. W. Asbestos Settlement Trust
Ruling:
Trust was granted summary judgment where claim fell within the terms of a state courtsettlement. (Bankr. N.D. Cal.)
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Commercial case opionion summary, case decided on August 05,2021, LexisNexis #0921-066
Jul
21
2021
Taylor, In re
Ruling:
Purchaser of Chapter 7 debtors' residence which had been foreclosed upon by the lenderfollowing an order lifting the automatic stay did not violate the discharge injunction. (Bankr.W.D. Va.)
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Consumer case opionion summary, case decided on July 21,2021, LexisNexis #0921-016
Jul
02
2021
Venuto, In re
Ruling:
Creditor's filing of a state court action to recover a pre-petition debt despite notice of debtor’sdischarge violated the discharge injunction. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on July 02,2021, LexisNexis #0821-065
May
28
2021
Koger, In re--Koger v. Wilkinsburg Sch. Dist.
Ruling:
Debtor's request for a reaffirmation agreement was denied as the agreement had to be madebefore the granting of a discharge and the creditor was opposed to any reaffirmation. (Bankr.W.D. Pa.)
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Consumer case opionion summary, case decided on May 28,2021, LexisNexis #0721-059
May
19
2021
Fairbanks Co., In re
Ruling:
Channeling injunction requiring pursuit of asbestos claims via asbestos trust required districtcourt approval. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on May 19,2021, LexisNexis #0721-014
May
13
2021
Ragone, In re--Ragone v. Stefanik & Christie, LLC
Ruling:
Bankruptcy court did not err in concluding that appellants' failure to terminate garnishmentactions after receiving notice of discharge violated the discharge injunction. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on May 13,2021, LexisNexis #0721-012
May
20
2021
Tailored Brands, Inc., In re
Ruling:
Plaintiff's motion for relief from the discharge injunction was denied as his state courtemployment discrimination action did not fall within the insurer exception. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on May 20,2021, LexisNexis #0721-013
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