Sep
23
2019
Black Elk Energy Offshore Operations, In re
Ruling:
Transfer was preferential where it was made to a creditor, on account of an antecedent debt,and enabled such creditor to receive more than it would in a hypothetical liquidation.(Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on September 23,2019, LexisNexis #0919-087
Aug
28
2019
Clinton Nurseries, In re
Ruling:
Debtor that was not subject to the increased U.S. Trustee quarterly fees lacked standing tochallenge the enacting amendments, which were constitutionally uniform. (Bankr. D. Conn.)
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Commercial case opionion summary, case decided on August 28,2019, LexisNexis #1019-073
Aug
28
2019
Roth, In re--Roth v. Nationstar Mortg., LLC
Ruling:
Statement sent by mortgage holder did not violate the discharge injunction as it was forinformational purposes only and included payment voucher marked as voluntary. (11th Cir.)
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Consumer case opionion summary, case decided on August 28,2019, LexisNexis #1019-065
Court: Judge or Jurisdiction information not available
Aug
28
2019
Ditech Holding Corp., In re
Ruling:
Confirmation of second amended plan was denied to the extent that it purported to limitconsumer creditors' ability to assert rights of recoupment against the buyers of planned saletransactions under applicable non-bankruptcy law. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on August 28,2019, LexisNexis #1019-068
Aug
26
2019
Floyd, In re
Ruling:
Debtors' discharges were denied for failure to keep adequate records to ascertain theirfinancial condition and failure to schedule or disclose the accounts they established in theirspouses' names. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on August 26,2019, LexisNexis #1019-066
Aug
23
2019
Franco, In re
Ruling:
Motion for nunc pro tunc stay relief after five years of litigation denied. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on August 23,2019, LexisNexis #1019-052
Court: Judge or Jurisdiction information not available
Aug
23
2019
Taco Bueno Rests., In re
Ruling:
Late-filed application for administrative expense denied as untimely and proof of claimcontaining a general request for payment of an administrative expense did not constitute anapplication. (Bankr. N.D. Tex.)
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Commercial case opionion summary, case decided on August 23,2019, LexisNexis #1019-054
Aug
23
2019
Nitcher, In re
Ruling:
Debtor's student loan debt discharged in part where payment of the entire debt would imposean undue hardship on debtor. (Bankr. D. Or.)
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Consumer case opionion summary, case decided on August 23,2019, LexisNexis #1019-063
Aug
22
2019
Murrell, In re
Ruling:
Debtor was not entitled to a discharge of student loan debt where he failed to establish theminimal standard of living element of the Brunner test. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on August 22,2019, LexisNexis #1019-062
Aug
21
2019
Blige, In re
Ruling:
Debtor's Chapter 13 case was dismissed for misrepresentations that constituted an abuse of theprovisions, purpose, and spirit of the Bankruptcy Code. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on August 21,2019, LexisNexis #1019-069
Aug
21
2019
Rodriguez, In re
Ruling:
Trustee's objection to proposed Chapter 13 plan was overruled except as to entertainment,education and family contributions not reasonably necessary for the maintenance or supportof below median income debtors. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on August 21,2019, LexisNexis #1019-071
Aug
21
2019
Zito, In re--Zito v. Douglass Enters., LLC
Ruling:
Award of attorneys' fees and costs on nondischargeable personal guaranty liability waspremature as underlying state court litigation was still pending. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on August 21,2019, LexisNexis #1019-059
Aug
21
2019
Wyatt, In re
Ruling:
Debtor's discharge denied for failure to keep and preserve adequate records related to hisbusiness activities. (Bankr. D. Idaho)
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Consumer case opionion summary, case decided on August 21,2019, LexisNexis #1019-042
Aug
21
2019
Fundamental Long Term Care, Inc., In re
Ruling:
Probate estates' motion to disqualify trustee's counsel denied as the counsel's representationof a lessor was not adverse to the probate estates or the bankruptcy estate. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on August 21,2019, LexisNexis #1019-050
Aug
21
2019
Velez, In re
Ruling:
Chapter 7 trustee had standing to seek to reopen the case where debtor was a plaintiff in a pre-petition personal injury case that he failed to disclose in his bankruptcy case. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on August 21,2019, LexisNexis #1019-051