Oct
15
2021
Sachkowsky, In re--Buterick Bulkheading, Inc. v. Sachkowsky
Ruling:
Debt was dischargeable absent showing that debtor acted with the intent and purpose ofdeceiving creditor. (Bankr. D.N.J.)
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Consumer case opionion summary, case decided on October 15,2021, LexisNexis #1221-007
Court: Judge or Jurisdiction information not available
Oct
15
2021
Devine, In re--United States Tr. for Region 16 v. Devine
Ruling:
Debtor's discharge denied where debtor made a transfer when he deposited a check with thecredit union and requisite intent was established. (Bankr. C.D. Cal.)
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Consumer case opionion summary, case decided on October 15,2021, LexisNexis #1221-017
Oct
14
2021
Griego, In re
Ruling:
Rule 3002.1 did not apply to creditor's claim as it was secured by a statutory lien rather than asecurity interest. (Bankr. W.D. Tex.)
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Consumer case opionion summary, case decided on October 14,2021, LexisNexis #1221-025
Oct
13
2021
Wiles, In re--Simmons v. Wiles
Ruling:
State court directed verdict awarding damages for injury from willful and intentional firing ofweapon was nondischargeable. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on October 13,2021, LexisNexis #1221-011
Oct
12
2021
Rigney, In re--Dr. Gil Center for Back, Neck and Chronic Pain Relief v. Rigney
Ruling:
Post-judgment award of attorney's fees denied as there was both a reasonable legal and factualbasis for the adversary proceeding. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on October 12,2021, LexisNexis #1221-012
Court: Judge or Jurisdiction information not available
Oct
12
2021
Swink, In re--Swink v. Fannie Mae
Ruling:
Debtor's motion to dismiss granted in part as the debtor sufficiently alleged that defendantsfailed to properly credit payments during the prior bankruptcy case. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on October 12,2021, LexisNexis #1221-013
Oct
12
2021
Colusa Reg'l Med. Ctr., In re
Ruling:
Chapter 7 trustee was allowed the reduced amount of $84,579.02 in fees on therecommendation of the United States Trustee in accordance with the rational relationship test.(Bankr. E.D. Cal.)
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Commercial case opionion summary, case decided on October 12,2021, LexisNexis #1221-001
Oct
08
2021
Allende, In re--Allende v. United States HUD
Ruling:
Junior lien held by U.S. Department of Housing and Urban Development over Chapter 13debtor's residence was totally unsecured and was subject to modification after debtorcompleted all payments under the plan. (Bankr. D.P.R.)
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Consumer case opionion summary, case decided on October 08,2021, LexisNexis #1221-020
Court: Judge or Jurisdiction information not available
Oct
07
2021
Emerald Grande, LLC, In re
Ruling:
Claim for attorneys' fees involved in failed sale and purchase of a hotel was allowed as anadministrative expense as it was an actual and necessary expense. (Bankr. N.D. W. Va.)
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Commercial case opionion summary, case decided on October 07,2021, LexisNexis #1221-003
Court: Judge or Jurisdiction information not available
Oct
07
2021
Collins, In re--Menges v. Collins
Ruling:
Debt was nondischargeable where debtor willfully, maliciously, and intentionally injured theplaintiff during a verbal dispute. (Bankr. E.D. Pa.)
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Consumer case opionion summary, case decided on October 07,2021, LexisNexis #1121-088
Oct
06
2021
Margavitch, In re--Margavitch v. Southlake Holdings, LLC
Ruling:
Debtor failed to establish that creditors' refusal to withdraw the valid pre-petition attachmentonce they were informed that debtor had filed for bankruptcy was a stay violation. (Bankr.M.D. Pa.)
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Consumer case opionion summary, case decided on October 06,2021, LexisNexis #1121-080
Oct
06
2021
Becker, In re
Ruling:
Relief from automatic stay was granted to permit the husband to proceed with equitabledistribution in state court in order to determine the parties' respective rights to their maritalproperty. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on October 06,2021, LexisNexis #1121-081
Oct
05
2021
John Q. Hammons Fall 2006, LLC, In re
Ruling:
The 2017 amendment to 28 U.S.C. § 1930(a)(6) was unconstitutionally nonuniform as it allowedhigher quarterly disbursement fees on Chapter 11 debtors in Trustee districts than inBankruptcy Administrator districts. (10th Cir.)
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Commercial case opionion summary, case decided on October 05,2021, LexisNexis #1221-024
Court: Judge or Jurisdiction information not available
Oct
05
2021
Lowry, In re--Apollo Medflight, LLC v. Lowry
Ruling:
Debt was nondischargeable where creditor justifiably relied on the assurances of the debtor'ssister that the insurance check would be forwarded to the creditor upon receipt. (Bankr.E.D.N.C.)
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Consumer case opionion summary, case decided on October 05,2021, LexisNexis #1221-009
Oct
05
2021
Parker Sch. Unifs., LLC, In re--Burtch v. Salem Inv. Partners, III, LP
Ruling:
Trustee's complaint in preference proceeding dismissed in its entirety as trustee failed toplead facts to support contention that defendant was a statutory insider. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on October 05,2021, LexisNexis #1221-014