Jan
23
2019
Main, In re
Ruling:
Debtor's wife's objection to confirmation overruled as surrendering the debtor's interest including his right of possession did not impair his wife's rights in the condominium. (Bankr. N.D. Okla.)
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Consumer case opionion summary, case decided on January 23,2019, LexisNexis #0219-091
Jan
04
2019
James Byron Kelley & Christiana Fayth Kelley Kevin R. Anderson, In re
Ruling:
Home security company's collection actions violated the automatic stay as it had actual knowledge of debtors' bankruptcy as early as February 2018. (Bankr. D. Utah)
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Consumer case opionion summary, case decided on January 04,2019, LexisNexis #0219-025
Dec
12
2018
Parks, In re
Ruling:
Trustee's objection to exemption sustained as gift cards did not qualify as household furnishings and supplies under state exemption statute. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on December 12,2018, LexisNexis #0219-031
Jan
10
2019
Traylor, In re
Ruling:
Confirmation of chapter 13 plan was denied as debtors were not permitted to claim a vehicle ownership deduction on their means test for a high-interest non-purchase money title loan. (Bankr. D. Utah)
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Consumer case opionion summary, case decided on January 10,2019, LexisNexis #0219-041
Nov
26
2018
Clark, In re--Clark v. Select Portfolio Servicing, Inc.
Ruling:
Mortgagee's motion for summary judgment was denied where it failed to file a response to the trustee's final cure notice despite being advised that sanctions could be imposed for such failure. (Bankr. N.D. Okla.)
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Consumer case opionion summary, case decided on November 26,2018, LexisNexis #0119-058
Dec
04
2018
Twyford, In re--Am. Nat’l Bank v. Twyford
Ruling:
Motion to dismiss denied as the debtor was liable for the alleged injury and misconduct because he was alleged to have sold or disposed of the bank's collateral without the bank's permission and without paying the bank. (Bankr. E.D. Okla.)
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Consumer case opionion summary, case decided on December 04,2018, LexisNexis #0119-040
Dec
04
2018
Kiley, In re
Ruling:
Debtor's interest in her ex-husband's retirement plan as a survivor beneficiary was excludedfrom property of the estate as it was subject to ERISA's anti-alienation provisions. (Bankr. D.Utah)
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Consumer case opionion summary, case decided on December 04,2018, LexisNexis #0119-016
Nov
02
2018
Boddy, In re
Ruling:
Personal representative's motions to avoid two judicial liens on the debtor's homestead wasdenied where there was no basis from substituting the personal representative as a partyagainst the lienholders. (Bankr. D. Colo.)
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Consumer case opionion summary, case decided on November 02,2018, LexisNexis #1218-070
Sep
16
2016
Sandia Tobacco Mfrs., Inc., In re
Ruling:
Only taxes that were assessed less than three years before the debtor declared bankruptcy were given priority status. (Bankr. D.N.M.)
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Commercial case opionion summary, case decided on September 16,2016, LexisNexis #1118-070
Oct
10
2018
Robertson, In re--Arma Yates, LLC v. Robertson
Ruling:
Debtors lacked standing to pursue counterclaims as they were property of the estate subject to the control of the chapter 7 trustee. (Bankr. D. Utah)
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Consumer case opionion summary, case decided on October 10,2018, LexisNexis #1118-075
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