Nov
13
2020
Southland Royalty Co. LLC, In re--Southland Royalty Co. LLC v. Wamsutter LLC
Ruling:
Gas gathering agreement containing no real covenants could be rejected. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on November 13,2020, LexisNexis #1220-087
Nov
12
2020
Payack, In re
Ruling:
Debtor was entitled to an order finding County liable for an automatic stay violation in theform of a real property tax delinquency notice as it constituted a post-petition demand forpayment of a pre-petition debt. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on November 12,2020, LexisNexis #1220-083
Nov
12
2020
Shaw, In re--Shaw v. Kirkwood
Ruling:
Debtor's motion to avoid the lien granted as the creditor failed to prove any non-exemptproperty was transferred. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on November 12,2020, LexisNexis #1220-089
Nov
12
2020
Buchanan, In re--Lund-Ross Constructors, Inc. v. Buchanan
Ruling:
Summary judgment in nondischargeability proceeding granted in favor of debtors as the debtwas owed by debtors’ company and not personally guaranteed by the debtors. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on November 12,2020, LexisNexis #1220-090
Nov
12
2020
Havard, In re--Davidson v. Havard
Ruling:
Debt underlying the former spouse's claim was a property settlement and not anondischargeable domestic support obligation. (Bankr. E.D. La.)
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Consumer case opionion summary, case decided on November 12,2020, LexisNexis #1220-091
Nov
12
2020
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
Nov
12
2020
Fradkov, In re
Ruling:
Debtor was not eligible to be a debtor under Chapter 13 because he exceeded the debt limitsset forth in U.S.C. § 109(e). (Bankr. D.N.J.)
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Consumer case opionion summary, case decided on November 12,2020, LexisNexis #1220-077
Court: Judge or Jurisdiction information not available
Nov
10
2020
Thomas, In re
Ruling:
Debtors' motion to amend order dismissing the Chapter 11 case was denied as dismissal wasnot in error where debtors refused to fulfill the duties and obligations to maintain theproceeding. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on November 10,2020, LexisNexis #1220-096
Nov
10
2020
McGee, In re
Ruling:
Court vacated the dismissal order and reinstated the automatic stay where permitting thedeceased debtor's daughter's to continue payments under the confirmed plan was in the bestinterest of the creditors. (Bankr. W.D. Mich.)
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Consumer case opionion summary, case decided on November 10,2020, LexisNexis #1220-099
Nov
10
2020
Leblanc, In re
Ruling:
Lifting automatic stay to permit the fraud claim against debtor to go forward in state court wasnot an impermissible delegation of the court's jurisdiction. (Bankr. E.D. La.)
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Consumer case opionion summary, case decided on November 10,2020, LexisNexis #1220-084
Nov
10
2020
Rellstab, In re
Ruling:
Debtor was not entitled to an award of actual and punitive damages as the foreclosure of thedebtor's investment property did not constitute a willful violation of the automatic stay.(Bankr. D. Mass.)
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Consumer case opionion summary, case decided on November 10,2020, LexisNexis #1220-086
Nov
10
2020
Mack Indus., In re--Peterson v. TTS Granite Inc.
Ruling:
Trustee's claim for actual fraud was not dismissed as the allegations were enough to allege aplausible claim for actual fraud with sufficient particularity. (Bankr. N.D. Ill.)
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Commercial case opionion summary, case decided on November 10,2020, LexisNexis #1220-092
Nov
09
2020
Nilhan Developers, LLC, In re
Ruling:
Debtors’ manager lacked standing to pursue claim for violation of the automatic stay. (Bankr.N.D. Ga.)
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Commercial case opionion summary, case decided on November 09,2020, LexisNexis #1220-085
Nov
09
2020
Koopmans, In re
Ruling:
Debtor was not permitted to claim a housing adjustment as a special circumstance as thedebtor did not give a credible explanation as to why her only reasonable rental option was onethat cost more than what was allotted under the IRS's guidelines. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on November 09,2020, LexisNexis #1220-093
Nov
06
2020
Care Facility, Inc.)
Ruling:
Bankruptcy court abused its discretion in withholding its approval of the law firm forcreditors committee as the court erred by imposing unauthorized "disinterested person"requirement. (B.A.P. 6th Cir.)
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Commercial case opionion summary, case decided on November 06,2020, LexisNexis #1220-095