10th Circuit

Kearney v. Unsecured Creditors Comm.

Ruling: 
Court did not abuse its discretion when it denied Chapter 11 debtor's motion to convert toChapter 7 as debtors do not have an absolute right to convert. (B.A.P. 10th Cir.)
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Consumer case opionion summary, case decided on March 12,2021, LexisNexis #0421-094

Hrabe, In re

Ruling: 
Bankruptcy court lacked authority to allow a late proof of claim in Chapter 12 case. (Bankr. D.Kan.)
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Consumer case opionion summary, case decided on March 10,2021, LexisNexis #0421-100

Barwick, In re--Gerlich v. Barwick

Ruling: 
Judgments based on debtor's actions of stalking and assaulting creditor for no apparent reasonestablished the requisite malice for nondischargeable debt. (Bankr. W.D. Okla.)
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Consumer case opionion summary, case decided on March 04,2021, LexisNexis #0421-065

Hardman, In re

Ruling: 
Creditor was not entitled to stay relief as there was insufficient evidence to determine that thetruck was not necessary to an effective reorganization even if debtor had no equity in thetruck. (Bankr. D. Utah)
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Consumer case opionion summary, case decided on March 05,2021, LexisNexis #0421-058

Short, In re--Telos Ventures Grp., PLLC v. Short

Ruling: 
Debtor's actions in filing an excess of meritless pleadings constituted a deliberate andintentional act taken with the subjective intent to cause plaintiffs injury resulting innondischargeable debt. (Bankr. D. Utah)
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Consumer case opionion summary, case decided on March 04,2021, LexisNexis #0421-042

Pentecost, In re--Rae v. Pentecost

Ruling: 
Creditor's claim survived dismissal as it contained factual allegations and documentarysupport that allowed the court to reasonably infer that debtor was liable to creditor for anydebt. (Bankr. N.D. Okla.)
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Consumer case opionion summary, case decided on March 01,2021, LexisNexis #0421-044

Kramer, In re

Ruling: 
Objections to trustee's notice of sale of debtor’s interest in LLC were sustained due torestrictive covenants in operating agreement. (Bankr. N.D. Okla.)
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Consumer case opionion summary, case decided on February 16,2021, LexisNexis #0321-078

White, In re--White v. White

Ruling: 
Plaintiff failed to state a claim for nondischargeability of debts based on breach of fiduciaryduty as the amended complaint was void of any mention of an express trust between plaintiffand defendant. (Bankr. W.D. Okla.)
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Consumer case opionion summary, case decided on February 08,2021, LexisNexis #0321-058

RHA Stroud, Inc., In re

Ruling: 
Chapter 11 cases dismissed as rehabilitation was unlikely and due to bad faith. (Bankr. W.D.Okla.)
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Commercial case opionion summary, case decided on December 30,2020, LexisNexis #0221-044

Morreale, In re

Ruling: 
Counsel awarded requested fees with appropriate reductions as they provided valuablebenefits to the bankruptcy case. (Bankr. D. Colo.)
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Consumer case opionion summary, case decided on December 31,2020, LexisNexis #0221-027

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