Aug
27
2021
Rigney, In re
Ruling:
Creditor was not entitled to a determination that its claim was nondischargeable as debtorrationally believed that any sums owing for medical expenses had been paid by her insurerand there was insufficient proof that she had a culpable state of mind. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on August 27,2021, LexisNexis #1021-035
Aug
27
2021
Scott, In re--Crampton v. Scott
Ruling:
Transfer was constructively fraudulent because debtor was insolvent at the time of the transferor became insolvent as a result of the transfer. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on August 27,2021, LexisNexis #1021-042
Aug
26
2021
Mullin, In re
Ruling:
Debtor was not entitled to discharge a student loan as debtor had made only one voluntarypayment in more than 20 years, while his household income had been as much as 10 times hishousehold expenses. (Bankr. N.D. Miss.)
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Consumer case opionion summary, case decided on August 26,2021, LexisNexis #1021-040
Aug
25
2021
Garcia v. Garcia
Ruling:
Nondischargeability complaint dismissed as plaintiff did not establish that debtor made anymisrepresentation, either by affirmative statement or omission, regarding constructionpermits. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on August 25,2021, LexisNexis #1021-037
Aug
25
2021
Moore, In re
Ruling:
Debtor's application to employ accountant as of petition date approved. (Bankr. W.D. Ark.)
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Consumer case opionion summary, case decided on August 25,2021, LexisNexis #1021-027
Aug
25
2021
Cisneros, In re
Ruling:
Dismissal of debtor's Chapter 7 case was denied where court found debtor's error in stating hisnet income instead of his gross income to be inadvertent and nonmaterial. (Bankr. D. Md.)
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Consumer case opionion summary, case decided on August 25,2021, LexisNexis #1021-043
Aug
25
2021
Gordon Bros. Cellars, In re--Kamiak Vineyards Inc. v. Gordon
Ruling:
Debtors' proposed Subchapter V joint plan of reorganization was confirmed as it had beenproposed in good faith and not by any means forbidden by law. (Bankr. E.D. Wash.)
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Commercial case opionion summary, case decided on August 25,2021, LexisNexis #1021-044
Aug
25
2021
Wooten, In re
Ruling:
Extension of the automatic stay in Chapter 13 case was denied because the debtor was a serialfiler who had agreed not to file again for at least 180 days. (Bankr. N.D. Miss.)
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Consumer case opionion summary, case decided on August 25,2021, LexisNexis #1021-029
Aug
25
2021
Nambakam, In re--Oil States Indus. v. Nambakam
Ruling:
Judgment debt attributable to trade secret misappropriation was excepted from debtor'sdischarge. (Bankr. W.D. Okla.)
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Consumer case opionion summary, case decided on August 25,2021, LexisNexis #1021-034
Aug
24
2021
Watters, In re--Reticulum Mgmt., LLC v. Watters
Ruling:
Creditor failed to show that debt was nondischargeable because its evidence wholly failed toprove that debtor made any representation to the creditor with the subjective intent to deceive.(Bankr. N.D. Tex.)
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Consumer case opionion summary, case decided on August 24,2021, LexisNexis #1021-036
Aug
24
2021
Simmons, In re--Creative Enters. HK v. Simmons
Ruling:
Unscheduled creditor's debt was not excepted from discharge because the creditor's late proofof claim was filed in time to share in the distribution from the estate if assets were recovered.(Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on August 24,2021, LexisNexis #1021-038
Aug
24
2021
Zayat Stables, LLC, In re
Ruling:
Court entered an order requiring turnover of the corporate debtor's electronically storedinformation, which was property of the estate. (Bankr. D.N.J.)
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Commercial case opionion summary, case decided on August 24,2021, LexisNexis #1021-041
Court: Judge or Jurisdiction information not available
Aug
24
2021
Anderson, In re
Ruling:
Motion to dismiss with prejudice was denied as debtor did not file the petition in bad faithbecause debtor believed that he was eligible and was following the advice of experiencedcounsel when electing to pursue Chapter 12 relief. (Bankr. S.D. Ohio)
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Commercial case opionion summary, case decided on August 24,2021, LexisNexis #1021-045
Aug
24
2021
Larzelere, In re
Ruling:
Objection to debtor's motion to sell real property that had appreciated in value after filing wasdenied because appreciation of the property was not property of the estate after it vested atconfirmation. (Bankr. D.N.J.)
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Consumer case opionion summary, case decided on August 24,2021, LexisNexis #1021-048
Court: Judge or Jurisdiction information not available
Aug
24
2021
Best View Constr. & Dev., LLC, In re
Ruling:
Judicial estoppel did not bar a debtor from rejecting real estate contracts as executory becausedebtor neither changed its positions nor obtained an unfair advantage. (Bankr. D. Idaho)
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Commercial case opionion summary, case decided on August 24,2021, LexisNexis #1021-031