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
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
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
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
Sep
28
2018
Holmes, In re--Indiana v. Holmes
Ruling:
Non-penalty portion of debt was not excepted from discharge as evidence showed that the debtor did not know of her sister-in-law's misrepresentations to the Indiana Department of Workforce Development. (Bankr. S.D. Ind.)
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Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-044
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