Apr
30
2021
Skyline Ridge, LLC, In re--Skyline Ridge, LLC v. Cinco Soldados, LLC
Ruling:
Proceeding for judgment on note and foreclosure dismissed under the unambiguous termsof the debtor’s confirmed plan. (Bankr. D. Ariz.)
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Commercial case opionion summary, case decided on April 30,2021, LexisNexis #0621-049
Apr
29
2021
Villas of Windmill Point II Prop. Owners Ass'n, In re--Osborne v. Lesko
Ruling:
Improperly computed wage claim disallowed on trustee’s objection. (Bankr. S.D. Fla.)The Wage Claim failed as a claim under 11 U.S.C. § 507(a)(4)(A) and must be valued at zero becausedefendant director's asserted hours included time for which he was administratively adjudicated to bedisabled and therefore unable to work and the director's computations did not reflect any reductions inbilled hours for holidays, vacations, or, significantly, his own incarceration; [2]-Trustee's objection to theBonus Claim was sustained because like the Wage Claim, Severance Claim, and Delinquency Claim, itwas the product of ultra vires acts by the directors.Villas of Windmill Point II Prop. Owners Ass'n, In re--Osborne v. Lesko, 2021 Bankr. LEXIS 1144 (Bankr. S.D. Fla.April 29, 2021) (Mora, B.J.).
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Commercial case opionion summary, case decided on April 29,2021, LexisNexis #0621-032
Apr
29
2021
Circuit City Stores, Inc., In re--Siegel v. Fitzgerald
Ruling:
Bankruptcy court erred in holding that the amended quarterly fee statute isunconstitutionally non-uniform. (4th Cir.)
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Commercial case opionion summary, case decided on April 29,2021, LexisNexis #0621-050
Court: Judge or Jurisdiction information not available
Apr
29
2021
Longmire, In re--Kessler v. Longmire
Ruling:
Debt was dischargeable as the creditor did not reasonably rely on debtor’s statements aboutthe income and residence in deciding to make its loan. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on April 29,2021, LexisNexis #0621-037
Apr
29
2021
Frausto, In re
Ruling:
Trustee was entitled to turnover of a vehicle as the court could not recognize a resultingtrust in a motor vehicle. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on April 29,2021, LexisNexis #0621-040
Apr
29
2021
DeFlora Lake Dev. Assocs., In re--DeFlora Lake Dev. Assocs. v. Hyde Park
Ruling:
Interests debtor held in escrowed deeds on petition date were property of the estate andsubject to turnover. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on April 29,2021, LexisNexis #0621-041
Court: Judge or Jurisdiction information not available
Apr
29
2021
Cyrus Capital Partners, L.P.
Ruling:
Plaintiff's avoidance claims were timely because tolling was triggered by filing of Chapter15 petition. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on April 29,2021, LexisNexis #0621-026
Apr
28
2021
U.S.A. Parts Supply, In re
Ruling:
Debtor's case was dismissed as debtor suffered continuing losses in the absence of areasonable likelihood of rehabilitation. (Bankr. N.D. W. Va.)
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Commercial case opionion summary, case decided on April 28,2021, LexisNexis #0621-046
Court: Judge or Jurisdiction information not available
Apr
28
2021
Biz As Usual, LLC, In re
Ruling:
Debtor's fifth amended plan was denied where it was not feasible because it was filled withtoo many speculative contingencies and it was not fair and equitable. (Bankr. E.D. Pa.)
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Commercial case opionion summary, case decided on April 28,2021, LexisNexis #0621-047
Apr
28
2021
Cole, In re--Cole v. Rossman
Ruling:
Defendant's actions did not violate the automatic stay because the challenged messageswere not made to collect, assess, or recover a claim against the debtor. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on April 28,2021, LexisNexis #0621-027
Apr
28
2021
M & C P'ship, In re
Ruling:
Single asset real estate case dismissed due to lack of reasonable likelihood of filing aconfirmable plan. (Bankr. E.D. La.)
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Commercial case opionion summary, case decided on April 28,2021, LexisNexis #0621-044
Apr
27
2021
Cornerstone Valve LLC, In re
Ruling:
Claim that was not for rejection damages and was filed after the bar date for general claimsbut before the bar date for rejection damages claims was not timely filed. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on April 27,2021, LexisNexis #0621-029
Apr
27
2021
Francis, In re--Francis v. Desmond
Ruling:
Bankruptcy court's denial of Chapter 7 debtor's discharge and dismissal of his bankruptcypetition was proper due to debtor's continued failure to comply with lawful court orders.(1st Cir.)
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Consumer case opionion summary, case decided on April 27,2021, LexisNexis #0621-034
Court: Judge or Jurisdiction information not available
Apr
27
2021
Benfield, In re--United States v. Benfield
Ruling:
Consent judgment pursuant to the False Claims Act was nondischargeable. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on April 27,2021, LexisNexis #0621-036
Apr
27
2021
Martin, In re--Demory v. Martin
Ruling:
Debt arising from a state court default judgment was nondischargeable as debtor's conductand misrepresentations created an overall false impression that induced plaintiff tocontinue making payments. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on April 27,2021, LexisNexis #0621-038