§ 105

Soussis, In re

Ruling: 
Request for reduction or disgorgement of the entire fee of the Chapter 13 trustee denied as thecourt had no authority to fix the fees and could not use the equitable powers under U.S.C. §105. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on November 12,2020, LexisNexis #1220-076

Thomas, In re--Thomas v. Tenn. DOT

Ruling: 
Debtor attorney sanctioned and prohibited from filing or presenting arguments in own casedue to conduct that repeatedly violated the Tennessee Supreme Court's Rules of ProfessionalConduct. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on August 25,2020, LexisNexis #1120-001

Leary, In re--Leary v. Great Lakes Educ. Loan Servs.

Ruling: 
Student loan servicer were warranted under 11 U.S.C. § 105 due to indifference to theproceeding which seriously prejudiced the debtor. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on September 08,2020, LexisNexis #1020-050

JNL Funding Corp., In re

Ruling: 
Motion to disgorge was granted as filing the reports and paying the US trustee fees were partof distribution trustee's obligations. (Bankr. E.D.N.Y.)
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Commercial case opionion summary, case decided on July 31,2020, LexisNexis #0920-026

Moon, In re

Ruling: 
Award of sanctions was not appropriate as debtors failed to prove that the mortgagecompany's conduct after notice of the order confirming their second plan was the cause of anyalleged damages. (Bankr. D. Nev.)
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Consumer case opionion summary, case decided on July 21,2020, LexisNexis #0920-001

Diocese of Rochester, In re

Ruling: 
Motion for appointment of an independent fee examiner was denied as the case was not solarge or complex as to justify the administrative expense. (Bankr. W.D.N.Y.)
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Commercial case opionion summary, case decided on April 16,2020, LexisNexis #0620-026

Hubbartt, In re--Backus Elec., Inc. v. Hubbartt

Ruling: 
Creditor sanctioned for violating court order to refrain from any act to collect on state courtjudgment pending decision on dischargeability. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on April 10,2020, LexisNexis #0620-001

Fierro, In re--Fierro v. Yellen

Ruling: 
Debtors failed to state a bad faith claim as they failed to connect a specific bankruptcyprovision to conduct of creditor's state court counsel. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on March 31,2020, LexisNexis #0520-051

Latira Shayonica Banks, In re--Gordon v. Wells Fargo Bank, N.A.

Ruling: 
Court deemed that trustee could recover damages for violation of the automatic stay (Bankr.N.D. Ga.)
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Commercial case opionion summary, case decided on March 31,2020, LexisNexis #0520-052

Via, In re

Ruling: 
Debtor was barred from filing bankruptcy for five years as he failed to abide by the orders ofthe court and intentionally and willfully failures to appear and prosecute any of his Chapter13 cases. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on February 27,2020, LexisNexis #0420-027

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