Jan
04
2019
Bartenwerfer, In re--Buckley v. Bartenwerfer
Ruling:
Court rendered judgment in favor of debtor wife where creditor failed to prove debtor wifeknew of but ignored facts that should have prompted her to investigate the representations setforth in the real estate transfer disclosure statement. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on January 04,2019, LexisNexis #0219-009
Dec
13
2018
Bell, In re
Ruling:
Bankruptcy court did not err in applying issue preclusion to district court's fraud judgment,resulting in its determination that the debt owed to the judgment creditor was nondischargeable.(B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on December 13,2018, LexisNexis #0119-075
Nov
30
2018
Avery, In re--BancorpSouth Bank v. Avery
Ruling:
Motion denied where genuine issue of material fact existed as to whether debtor made false representation to creditor or committed actual fraud. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on November 30,2018, LexisNexis #0119-037
Nov
19
2018
Carter, In re--Nat'l Diversity Council v. Carter
Ruling:
Debt deemed nondischargeable as debtor intentionally deceived creditor in an effort to usurpbusiness opportunities belonging to creditor for her own personal gain. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on November 19,2018, LexisNexis #0119-011
Nov
05
2018
Jamison, In re--Car Fin. Servs. v. Jamison
Ruling:
Judgment obtained against chapter 7 debtor was nondischargeable as the debtormisrepresented his interest in an LLC to obtain a loan from the creditor. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on November 05,2018, LexisNexis #1218-072
Nov
05
2018
Somogye, In re--Ott v. Somogye
Ruling:
State court judgment did not preclude defendant from litigating fraud issues relating toplaintiffs' nondischargeability claim. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on November 05,2018, LexisNexis #1218-073
Oct
09
2018
Verbeek, In re--Schachter v. Verbeek
Ruling:
Debtor committed fraud as she purposely did not disclose her intent to file bankruptcy in order to continue receiving plaintiff's legal services. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on October 09,2018, LexisNexis #1118-073
Oct
10
2018
Herrin, In re--Connector 2000 Ass’n v. Herrin
Ruling:
Debts were dischargeable where debtor did not commit actual fraud as evidence did not indicate that there was a scheme or an effort on the part of debtor to deprive the creditor of payment. (Bankr. D.S.C.)
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Consumer case opionion summary, case decided on October 10,2018, LexisNexis #1118-074
Oct
10
2018
Robertson, In re--Arma Yates, LLC v. Robertson
Ruling:
Debtors lacked standing to pursue counterclaims as they were property of the estate subject to the control of the chapter 7 trustee. (Bankr. D. Utah)
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Consumer case opionion summary, case decided on October 10,2018, LexisNexis #1118-075
Sep
19
2018
Gifford, In re--N.J., Dep't of Labor & Workforce Div. of Unemployment & Disability Ins. v. Gifford
Ruling:
Debt was nondischargeable as debtor made misrepresentations to the creditor when she certified her eligibility for unemployment benefits and failed to properly and adequately disclose her part-time wages from a bank. (Bankr. D.N.J.)
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Consumer case opionion summary, case decided on September 19,2018, LexisNexis #1118-043
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