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10th circuit

Sutton, In re

Ruling
Creditor did not violate the automatic stay as it took no affirmative action after learning of bankruptcy and promptly moved to stay contempt proceedings. (Bankr. D. Colo.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.

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Consumer opinion summary, case decided on May 16, 2025 , LexisNexis #0725-058

Salee Amina Mohammed, In re

Ruling
Chapter 13 case properly dismissed as debtor failed to comply with credit counseling requirement and there were no exceptional circumstances justifying relief. (Bankr. D. Utah)
Issue(s)
Who May Be a Debtor; Mandatory Credit Counseling.

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Consumer opinion summary, case decided on May 16, 2025 , LexisNexis #0725-051

Estanol, In re

Ruling
Debtor’s counsel was denied lien on pre-confirmation funds because lien was created after bankruptcy filing and fees were not yet approved by the court. (Bankr. D. Kan.)
Issue(s)
Automatic Stay; Scope; Acts to Create, Perfect or Enforce Liens.

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Consumer opinion summary, case decided on May 14, 2025 , LexisNexis #0725-055

Lindesmith, In re

Ruling
Conversion to Chapter 13 denied due to debtors’ lack of realistic ability to pay creditors in Chapter 13. (Bankr. D. Kan.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse; Considerations When Presumption Does Not Apply.

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Consumer opinion summary, case decided on May 12, 2025 , LexisNexis #0725-046

Terrabella Studios LLC, In re

Ruling
Lease assumption barred as state court judgment conclusively terminated lease and eviction was final under state law. (Bankr. D. Kan.)
Issue(s)
Executory Contracts and Unexpired Leases; When Trustee May Not Assume or Assign; Nonresidential Lease Terminated Prior to Order For Relief.

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Commercial opinion summary, case decided on May 05, 2025 , LexisNexis #0725-059

Stutsman, In re

Ruling
Court ruled settlement funds from legal malpractice claim were property of the estate as they were not exempt compensation and no valid trust excluded them from bankruptcy. (Bankr. D. Kan.)
Issue(s)
Property of the Estate.

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Consumer opinion summary, case decided on May 02, 2025 , LexisNexis #0725-064

Serna, In re

Ruling
Dismissal or conversion to Chapter 13 denied as Chapter 7 debtors had insufficient ability to pay unsecured creditors in hypothetical Chapter 13 plan and lacked bad faith. (Bankr. D. Kan.)
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 April 02, 2025 , LexisNexis #0725-045

Silver Star of Nev., Inc., In re--Payne v. Sparkman

Ruling
Complaint failed to adequately identify the property assets trustee seeks to be declared property of the bankruptcy estate. (Bankr. W.D. Okla.)
Issue(s)
Property of the Estate.

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Commercial opinion summary, case decided on March 24, 2025 , LexisNexis #0525-090

McWhorter, In re

Ruling
Court denied debtors' motion to reconsider due to procedurally deficient pleading challenging stay relief. (Bankr. W.D. Okla.)
Issue(s)
Procedures; Title 11 Cases and Core Proceedings; Core Proceedings; Stay Litigation.

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Consumer opinion summary, case decided on March 11, 2025 , LexisNexis #0525-048

Romo, In re

Ruling
Debtors could claim increased state homestead exemption amount that had taken effect prior to the petition date. (Bankr. D.N.M.)
Issue(s)
Exemptions; Liens Impairing Exempt Property; Avoidance.

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Consumer opinion summary, case decided on February 27, 2025 , LexisNexis #0425-085