§ 1301

Portuesi, In re--Portuesi v. Bank of N.Y. Mellon Trust Co., N.A.

Ruling: 
Dismissal denied as the trustee failed to carry the burden of proving by a preponderance ofthe evidence that cause existed to convert or dismiss the case. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on May 27,2021, LexisNexis #0721-066

Velez, In re--Conde-Vidal v. Pinto-Lugo

Ruling: 
Bankruptcy court did not err in ruling that the co-debtor stay was not applicable afterconsidering creditor’s motion for relief on the papers. (B.A.P. 1st Cir.)
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Consumer case opionion summary, case decided on July 29,2020, LexisNexis #0920-045

Powers, In re

Ruling: 
Creditor's motion for relief from stay against co-debtor granted as debtor's husband was a co-mortgagor with debtor and debtor's plan did not propose to pay the creditor's claim. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on August 28,2018, LexisNexis #1018-055

Labovitz, In re--Labovitz v. IRS

Ruling: 
Extension of the co-debtor stay to tax debt was not plausible as income tax debt was notconsumer debt for purposes of the co-debtor stay. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on May 14,2018, LexisNexis #0718-086

Whitlock-Young, In re

Ruling: 
Creditor's foreclosure action violated the co-debtor stay. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on August 10,2017, LexisNexis #1017-088

Smith v. Capital One Bank (USA), N.A.

Ruling: 
Debtor's husband's card debt not covered by co-debtor stay as application of Wisconsinmarital law did not convert her husband's debts into her own. (7th Cir.)
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Consumer case opionion summary, case decided on December 22,2016, LexisNexis #0117-116

In re Smith

Ruling: 
Law firm violated the co-debtor stay be pursuing claim against debtor's property for debt incurred by debtor's spouse.
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Consumer case opionion summary, case decided on June 29,2015, LexisNexis #0715-096

In re Grace

Ruling: 
Creditor entitled to relief from co-debtor stay where debtor's confirmed plan would not pay its debt in full.
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Consumer case opionion summary, case decided on February 27,2015, LexisNexis #0315-134

In re Rick

Ruling: 
Debtor's wife not entitled to order holding bank and collection agency in contempt for violation of co-debtor stay.
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Consumer case opionion summary, case decided on December 11,2014, LexisNexis #0115-029

In re Hart

Ruling: 
Co-debtor stay lifted to allow creditor to file action against debtor's former fiancé for interest.
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Consumer case opionion summary, case decided on November 08,2013, LexisNexis #1213-027

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