Clasby, In re--Fuller v. Clasby
Nov
26
2024
Ruling
Debts were dischargeable as debtor’s actions were not wrongful but rather involved a failed construction project and incomplete performance under the contracts. (Bankr. D. Colo.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Please, In re
Apr
17
2024
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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Court
:
- 11 U.S.C.
Signia, Ltd., In re
Jan
29
2024
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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Court
:
- 11 U.S.C.
Boyd, In re--Hemp Recovery Co., LLC v. Boyd
Jul
10
2023
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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Roberts, In re--Together Real Estate Holdings, LLC v. Roberts
Mar
17
2023
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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Roberts, In re--Together Real Estate Holdings, LLC v. Roberts
Mar
17
2023
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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Mennona, In re--Layng v. Barclay
Jan
10
2023
Ruling
Debtors' attorney committed professional misconduct as he forged the debtors' signatures onvarious documents filed with the court, knowingly submitted a false Schedule A/B, and hidfrom the debtors that he forged their signatures. (Bankr. D. Colo.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of
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Court
:
- 11 U.S.C.
Gomez, In re
Nov
17
2022
Ruling
Debtors were not entitled to claim a homestead exemption as the date of the bankruptcy filingpredated a change in the law that would have allowed for the exemption. (Bankr. D. Colo.)
Issue(s)
Exemptions.
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Court
:
- 11 U.S.C.
Heart Heating & Cooling, LLC, In re
Oct
31
2022
Ruling
Debtor was not eligible for Subchapter V as he had aggregate noncontingent liquidatedsecured and unsecured debts exceeding $7,500,000 as of the date of the filing of the petition.(Bankr. D. Colo.)
Issue(s)
Definitions; Debtor; Persons Included.
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Court
:
- 11 U.S.C.
Kenneth C. Casey, Inc., In re--Hill v. Portillo
Jan
28
2022
Ruling
Trustee's deeds were void as the subject property was not authorized for sale. (Bankr. D. Colo.)
Issue(s)
Use, Sale, or Lease of Property; Notice and Hearing; Not in the Ordinary Course of
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