Jul
31
2018
Boucek, In re--Boucek v. Boucek
Ruling:
Court granted co-executor's motion for abstention and remand as the cases had been pending in state court for many years, discovery had been completed, the claims arose under state law, and the cases on which they are being litigated was non-core. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on July 31,2018, LexisNexis #0918-058
Jul
31
2018
Hungry Horse, LLC, In re
Ruling:
Law firm's request for reimbursement of outside counsel from the LLC's bankruptcy estate denied as no employment orders were issued. (Bankr. D.N.M.)
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Commercial case opionion summary, case decided on July 31,2018, LexisNexis #0918-033
Jul
31
2018
Maes, In re
Ruling:
Court denied debtor's motion as reimposing the automatic stay upon reopening the cases would contravene the explicit provisions of the bankruptcy code governing termination of the automatic stay. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on July 31,2018, LexisNexis #0918-039
Jul
30
2018
1075 S Yukon, LLC, In re
Ruling:
Debtor's pre-petition contractual right to exercise an option to purchase real property was not automatically extended if the deadline to exercise the option had not expired prior to the petition date as exercising the option was not "curing a default." (Bankr. D. Colo.)
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Commercial case opionion summary, case decided on July 30,2018, LexisNexis #0918-031
Jul
26
2018
Capps, In re--Cybertron Int'l, Inc. v. Capps
Ruling:
Liabilities for acts committed postpetition may be pursued as the restrictive covenantobligations were not claims in debtor's bankruptcy and were not discharged. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on July 26,2018, LexisNexis #0918-016
Jul
27
2018
Gamble, In re--Pinnacle Agric. Distrib. v. Gamble
Ruling:
Discharge was warranted as there was no evidence that debtor intentionally concealed ortransferred property with the intent to defraud creditor. (Bankr. E.D. Okla.)
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Consumer case opionion summary, case decided on July 27,2018, LexisNexis #0918-020
Jul
26
2018
Sherman, In re--Maljamar Fuel Stop, LLC v. Sherman
Ruling:
Creditor was entitled to a nondischargeable debt after establishing all the required elementsof nondischargeability for debt obtained by fraud. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on July 26,2018, LexisNexis #0918-012
Jul
16
2018
Gonzales, In re
Ruling:
Funds held by the trustee on the date of levy were debtor's property, not property of the bankruptcy estate. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on July 16,2018, LexisNexis #0818-115
Jun
29
2018
In re Jayme--Monge v. Jayme
Ruling:
Court denied defendants' discharge as they made false oaths in their bankruptcy petition,schedules, and SOFA, and gave false trial testimony. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on June 29,2018, LexisNexis #0818-021
Jul
02
2018
Hedman, In re--Barrett Bros., LLC v. Hedman
Ruling:
Debts were not excepted from discharge where there was insufficient evidence to find that debtor's promise to grant creditors an equity interest in his restaurant was an empty promise when it was made. (Bankr. N.D. Okla.)
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Consumer case opionion summary, case decided on July 02,2018, LexisNexis #0818-044
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