Jun
15
2018
Dee's FoodService ABQ Inc., In re
Ruling:
Court did not have jurisdiction over claims to unclaimed funds that first arise after dismissalof a chapter 11 case. (Bankr. D.N.M.)
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Commercial case opionion summary, case decided on June 15,2018, LexisNexis #0718-087
Jun
15
2018
Mercado, In re--Miranda v. Banco Popular de Puerto Rico
Ruling:
Trustee could not avoid an unrecorded mortgage as transfer in debtor's real property where aprepetition transfer never occurred in its favor as bank did not record the mortgage deed overdebtor's real property. (Bankr. D.P.R.)
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Consumer case opionion summary, case decided on June 15,2018, LexisNexis #0718-074
Jun
15
2018
Shiloh Mgmt. Servs., In re--Hillen v. Preston Roth IRA, LLC
Ruling:
Deeds of trust were not subject to avoidance as court held that each of the acknowledgmentsat issue substantially complies with the corporate acknowledgment form specified by statute.(Bankr. D. Idaho)
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Commercial case opionion summary, case decided on June 15,2018, LexisNexis #0718-075
Jun
15
2018
Beighey, In re
Ruling:
Dismissal of chapter 7 bankruptcy case was appropriate where debtors' high incomeprecludes them from rebutting the presumption of abuse. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on June 15,2018, LexisNexis #0718-079
Jun
15
2018
Ellis, In re
Ruling:
Court denied debtor's discharge where debtor intentionally and fraudulently disposed ofproperty from her bankruptcy estate, failed to keep adequate records, and knowingly andfraudulently misled her creditors and the bankruptcy trustee. (Bankr. W.D. Wash.)
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Consumer case opionion summary, case decided on June 15,2018, LexisNexis #0718-081
Jun
15
2018
Rivera Guzman, In re
Ruling:
Case was dismissed for debtor's continuously unexcused failure to comply with his pre andpost-petition domestic support ibligation payments. (Bankr. D.P.R.)
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Consumer case opionion summary, case decided on June 15,2018, LexisNexis #0718-084
Jun
15
2018
Tara Retail Grp., Inc., In re
Ruling:
Debtor's motion to surcharge was denied as debtor's attorney's fees and expenses requestedin the fee application were not incurred primarily to protect or preserve creditor's collateral.(Bankr. N.D. W. Va.)
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Commercial case opionion summary, case decided on June 15,2018, LexisNexis #0718-069
Jun
14
2018
Misenti, In re
Ruling:
Creditor granted in rem relief from automatic stay as debtor had engaged in a scheme tohinder, delay, and defraud the creditor by continuously forestalling the foreclosure ofdebtor's property. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on June 14,2018, LexisNexis #0718-065
Jun
14
2018
Moultrie, In re--Official Comm. of Unsecured Creditors v. Moultrie
Ruling:
Court found conversion necessary to maximize value to the estate due to debtor's lack oftransparency regarding potentially unscheduled assets. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on June 14,2018, LexisNexis #0718-083
Jun
14
2018
CHL, LLC, In re
Ruling:
Amended plan was not confirmable as it was not fair and equitable. (Bankr. E.D.N.C.)
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Commercial case opionion summary, case decided on June 14,2018, LexisNexis #0718-085
Jun
13
2018
Ugas, In re--Alliance One Receivables Mgmt. v. Ugas
Ruling:
Judgment deemed nondischargeable as debtor acted with subjective intent to cause injury.(Bankr. D. Or.)
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Consumer case opionion summary, case decided on June 13,2018, LexisNexis #0718-070
Jun
13
2018
Lyndon, In re--Lyndon v. SEC
Ruling:
Civil penalty debt was independently excepted from discharge. (Bankr. D. Haw.)
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Consumer case opionion summary, case decided on June 13,2018, LexisNexis #0718-071
Jun
13
2018
Mejia, In re--Mejia v. Partners for Payment Relief LLC
Ruling:
Defendants sanctioned for coercing debtor under threat of eviction into paying herdischarged loan in violation of the discharge injunction. (Bankr. D. Md.)
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Consumer case opionion summary, case decided on June 13,2018, LexisNexis #0718-072
Jun
13
2018
Klitsch, In re
Ruling:
LLC sanctioned for filing three bankruptcy petitions without first securing signatures onthose documents from their clients. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on June 13,2018, LexisNexis #0718-089
Jun
13
2018
Johnson, In re--RentalAccess, LLC v. Johnson
Ruling:
Rejection of a lease created cause for relief from the automatic stay. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on June 13,2018, LexisNexis #0718-063