Oct
15
2020
Mendenhall, In re--Mendenhall v. Navient Corp.
Ruling:
Partial discharge of student loan debt was warranted as debtor's current inability to pay theentire amount of the loans would persist in the future and he demonstrated a good faith effortto repay the loans. (Bankr. D. Idaho)
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Consumer case opionion summary, case decided on October 15,2020, LexisNexis #1120-89
Oct
15
2020
Maniscalco, In re
Ruling:
Denial of discharge denied as creditor failed to prove that debtor knowingly and fraudulentlymisstated the value of his equity interest as alleged in Count II of the complaint so as toconstitute a false oath. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on October 15,2020, LexisNexis #1120-92
Oct
14
2020
Moore & Moore Trucking, LLC, In re
Ruling:
Motion to lift the automatic stay has been denied where there was adequate protection forcreditor. (Bankr. E.D. La.)
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Commercial case opionion summary, case decided on October 14,2020, LexisNexis #1120-80
Oct
14
2020
Extraction Oil & Gas, Inc., In re--Extraction Oil & Gas, Inc. v. Elevation Midstream, LLC
Ruling:
Transportation services agreements with defendant did not contain covenants running withthe land and were subject to rejection. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on October 14,2020, LexisNexis #1120-81
Oct
14
2020
Wetter, In re
Ruling:
Debtor's motion to convert case from Chapter 7 to Chapter 11 in order to elect Subchapter Vstatus denied given debtor's conduct. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on October 14,2020, LexisNexis #1120-97
Oct
14
2020
Treasure Valley Marine, Inc., LLC, In re
Ruling:
Creditors were entitled to the actual and necessary, reasonable expenses incurred in filing theinvoluntary petition and for related criminal prosecution to the extent adequately explained.(Bankr. D. Idaho)
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Commercial case opionion summary, case decided on October 14,2020, LexisNexis #1120-82
Oct
14
2020
Waters Retail TPA, LLC, In re
Ruling:
Chapter 11 debtors' second amended joint plan of liquidation was confirmed as proposed ingood faith and accepted by a sufficient number of creditors. (Bankr. N.D. Tex.)
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Commercial case opionion summary, case decided on October 14,2020, LexisNexis #1120-95
Oct
13
2020
Miller, In re
Ruling:
Chapter 7 trustee's application to employ Special Counsel granted. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on October 13,2020, LexisNexis #1120-76
Oct
09
2020
Easter, In re
Ruling:
Debtors' belated subsection V election was procedurally permissible as the Small BusinessReorganization Act of 2019 was enacted while the case was pending. (Bankr. N.D. Miss.)
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Consumer case opionion summary, case decided on October 09,2020, LexisNexis #1120-96
Oct
09
2020
Moschell, In re--Compton v. Moschell
Ruling:
Creditor's state law conversion claim against a debtor was not entitled to collateral estoppeleffect because the intent requirements of conversion were not identical to the scienterrequirements of § 523 claims. (Bankr. W.D. Pa.)
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Consumer case opionion summary, case decided on October 09,2020, LexisNexis #1120-83
Oct
09
2020
Keener, In re
Ruling:
Debtor's request to reaffirm a debt was denied as she filed the request more than two monthsafter the discharge order was entered and she had failed to ask the court to delay the entry ofthe discharge. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on October 09,2020, LexisNexis #1120-90
Oct
09
2020
LaMantia, In re--Rasmussen v. LaMantia
Ruling:
Debtor was not entitled to a discharge because prior to filing his petition, he withdrew most ofthe funds from his bank accounts and prepaid several obligations. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on October 09,2020, LexisNexis #1120-91
Oct
09
2020
Roman Catholic Church of the Archdiocese of Santa Fe, In re
Ruling:
Unsecured Creditors' Committee had derivative standing to bring fraudulent transfer andturnover claims that the debtor in possession declined to pursue. (Bankr. D.N.M.)
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Commercial case opionion summary, case decided on October 09,2020, LexisNexis #1120-94
Court: Judge or Jurisdiction information not available
Oct
08
2020
Smith, In re
Ruling:
Debtor was not entitled to stay pending appeal where any harm to debtor was offset by thepublic's interest in not allowing debtor to continue abusing the judicial process. (B.A.P. 6thCir.)
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Consumer case opionion summary, case decided on October 08,2020, LexisNexis #1120-100
Oct
08
2020
Kalinina, In re
Ruling:
Imposition of stay denied in debtor's third Chapter 11 case within one year as it was filed forthe sole purpose of delaying the creditor. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on October 08,2020, LexisNexis #1120-79