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District of colorado

303 Invs., Inc., In re

Ruling
Subchapter V plan was confirmed as it was proposed in good faith, was in the best interests ofcreditors, did not unfairly discriminate, and was fair and equitable. (Bankr. D. Colo.)
Issue(s)
Confirmation of Plan; Exception

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Commercial opinion summary, case decided on June 24, 2024 , LexisNexis #0924-044

Guzman, In re

Ruling
Court granted motion to avoid lien with immediate effect, declining to impose extra-statutoryconditions on lien avoidance. (Bankr. D. Colo.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

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Consumer opinion summary, case decided on May 24, 2024 , LexisNexis #0824-012

Please, In re

Ruling
Chapter 13 trustee failed to establish cause for reconversion to Chapter 7 liquidation as apotential avoidance action did not prevent the debtor from satisfying the best interests ofcreditors test. (Bankr. D. Colo.)
Issue(s)
Conversion or Dismissal; For Cause.

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Consumer opinion summary, case decided on April 17, 2024 , LexisNexis #0624-049

Signia, Ltd., In re

Ruling
Debtor's motion to extend date for filing Subchapter V plan based on objections to itsfinancing motion was denied. (Bankr. D. Colo.)
Issue(s)
Filing of the plan.

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Consumer opinion summary, case decided on January 29, 2024 , LexisNexis #0324-092

Tiel Trust, In re

Ruling
Debtor trust was not a business trust and was not eligible to be a bankruptcy debtor as thetrust agreement did not identify the beneficiaries' respective ownership interests in the trustby percentage, shares, or certificates. (Bankr. D. Colo.)
Issue(s)
Definitions; “Corporation”.

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Commercial opinion summary, case decided on January 22, 2024 , LexisNexis #0324-026

Ross, In re

Ruling
Chapter 7 trustee's disclosures regarding his referral agreement with a company thatperformed bankruptcy estate services were neither complete nor candid. (Bankr. D. Colo.)
Issue(s)
Employment of Professional Persons.

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Consumer opinion summary, case decided on October 03, 2023 , LexisNexis #1223-047

Bordner, In re--Together Real Est. Holdings, LLC v. Bordner

Ruling
Loan debts were dischargeable where creditor failed to establish that one loan was enforceableagainst the debtor or that debtor committed fraud with respect to a second loan. (Bankr. D.Colo.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on August 15, 2023 , LexisNexis #1023-059

Xbridge, LLC, In re

Ruling
Sanctions were not warranted as creditors and their attorneys did not act in bad faith,vexatiously, wantonly, or for oppressive reasons in dismissed involuntary petition. (Bankr. D.Colo.)
Issue(s)
Abstention.

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Commercial opinion summary, case decided on July 12, 2023 , LexisNexis #0923-051

Boyd, In re--Hemp Recovery Co., LLC v. Boyd

Ruling
Collateral estoppel mandated that the bankruptcy court give credence to a state court's oralruling, order, and judgment that the creditor proved every required element for common lawfraud by false representation. (Bankr. D. Colo.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on July 10, 2023 , LexisNexis #0923-033

Roberts, In re--Together Real Estate Holdings, LLC v. Roberts

Ruling
Creditor failed to prove actual fraud on the part of the debtor as it did not introduce any evidence proving that the debtor used the loan proceeds for her own personal purposes. (Bankr. D. Colo.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on March 17, 2023 , LexisNexis #0523-032