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10th circuit

Gonzales, In re

Ruling
Debtor's motion to avoid a judicial lien was granted, even without any evidence of the actual cost to fix the debtor's house repairs given the low fair market value of the property on the petition date. (Bankr. D.N.M.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

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Consumer opinion summary, case decided on September 30, 2024 , LexisNexis #1224-059

XL Cos., Corp., In re

Ruling
Court confirmed debtor's plan as all due, adequate, and sufficient notices of the plan and the confirmation hearing had been given to all known holders of claims and/or equity interests. (Bankr. D. Utah)
Issue(s)
Confirmation of Plan; Terms.

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Commercial opinion summary, case decided on September 11, 2024 , LexisNexis #1124-069

Scism, In re--Lashinsky v. Scism

Ruling
Discharge denied due to debtor’s transfers of property to spouse with intent to hinder or delay creditors. (Bankr. N.D. Okla.)
Issue(s)
Discharge; Grounds for Denial; Fraudulent Transfer or Concealment of Property; Property of the Debtor.

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Consumer opinion summary, case decided on September 05, 2024 , LexisNexis #1124-043

HRV Santa Fe, LLC v. Wolf

Ruling
Debtors had not carried their burden of proving that either the interest of justice or the convenience of parties and witnesses favored a transfer of the proceeding to Delaware. (Bankr. D.N.M.)
Issue(s)
Change of Venue.

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Commercial opinion summary, case decided on August 30, 2024 , LexisNexis #1124-050

Jacobs, In re

Ruling
Solo 401k adopted by company and covering the debtor as its sole owner and participant was exempt. (Bankr. N.D. Okla.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;

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Consumer opinion summary, case decided on August 29, 2024 , LexisNexis #1124-038

Alcon, In re

Ruling
City’s erroneous allocation of pre- and post-petition electrical usage violated the automatic stay. (Bankr. D.N.M.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on August 22, 2024 , LexisNexis #1124-003

Kalo Clinical Rsch., LLC, In re

Ruling
Court confirmed debtor's reorganization plan as proposed in good faith and meeting allrequirements. (Bankr. D. Utah)
Issue(s)
Confirmation of Plan; Requirements.

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Commercial opinion summary, case decided on August 06, 2024 , LexisNexis #1024-037

Batt, In re

Ruling
Dismissal of debtor's case denied as the bankruptcy court found no allegations of extravagantspending or inability to pay debts when incurred that would support a finding of an abuse ofthe provisions of Chapter 7. (Bankr. E.D. Okla.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;

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Consumer opinion summary, case decided on July 31, 2024 , LexisNexis #0924-093

Taylor, In re--Williamson v. Taylor

Ruling
Trustee's amended motion for default judgment to revoke debtor's discharge was denied asthe complaint did not provide clear notice to the debtor that the trustee was seeking to revokeher discharge that had been entered nine months earlier. (Bankr. D. Kan.)
Issue(s)
Discharge; Grounds for Revocation; Failure to Report, Deliver or Surrender Property.

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Consumer opinion summary, case decided on July 30, 2024 , LexisNexis #1024-020

Global Aviation Techs. LLC, In re

Ruling
Creditor was entitled to an order authorizing the setoff of employee retention tax credits,disclosed by debtor only postpetition, for its secured claim for a loan it made to the debtor.(Bankr. D. Kan.)
Issue(s)
Setoff.

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Commercial opinion summary, case decided on July 19, 2024 , LexisNexis #0924-070