Dec
16
2019
Styerwalt, In re
Ruling:
Court denied confirmation of Chapter 13 plan as the debtor had not proposed "step-up"payments after payoff of his 401(k) loans. (Bankr. D. Colo.)
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Consumer case opionion summary, case decided on December 16,2019, LexisNexis #0120-097
Jul
03
2019
Morreale, In re
Ruling:
Trustee’s counsel was not entitled to compensation for defending its fee application. (Bankr. D.Colo.)
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Consumer case opionion summary, case decided on July 03,2019, LexisNexis #0919-003
May
10
2019
Rent Rite Superkegs W., In re
Ruling:
Failure of debtor and manufacturer to perform obligations under a distributor agreementconstituted a material breach making the distributor agreement executory. (Bankr. S.D. Ohio)
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Commercial case opionion summary, case decided on May 10,2019, LexisNexis #0719-082
Feb
20
2019
Melendez, In re
Ruling:
Court denied confirmation of debtor's plan as it proposed zero distributions to unsecuredcreditors while permitting debtor to continue making substantial post-petition retirementcontributions. (Bankr. D. Colo.)
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Consumer case opionion summary, case decided on February 20,2019, LexisNexis #0319-091
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
27
2018
Froehlich, In re
Ruling:
Court could not create a judicial exception to the estate termination theory for debtors whoconverted their cases from chapter 7 to chapter 13 to preserve non-exempt assets. (Bankr. D. Colo.)
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Consumer case opionion summary, case decided on September 27,2018, LexisNexis #1118-026
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
May
31
2018
Dos Santos, In re--Jefferson Cty. Dep't of Human Servs. v. Dos Santos
Ruling:
Adversary proceeding dismissed where creditor waited a year and a half to bring the dischargeability complaint and the delay was unreasonable, unexplained, and prejudicial to the debtor. (Bankr. D. Colo.)
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Consumer case opionion summary, case decided on May 31,2018, LexisNexis #0718-038
Jan
24
2018
Health Trio, Inc., In re
Ruling:
Accountant was awarded a priority gap period claim for services rendered to debtor in theordinary course of its business or financial affairs during the gap period between the filingof the involuntary petition and entry of the order for relief. (Bankr. D. Colo.)
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Commercial case opionion summary, case decided on January 24,2018, LexisNexis #0318-007
Jan
24
2018
Health Trio, Inc., In re
Ruling:
Accountant was awarded a priority gap period claim for services rendered to debtor in theordinary course of its business or financial affairs during the gap period between the filingof the involuntary petition and entry of the order for relief. (Bankr. D. Colo.)
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Commercial case opionion summary, case decided on January 24,2018, LexisNexis #0318-007
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