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Utah

Smith, In re

Ruling: 
Creditors were not entitled to award of attorney's fees incurred in nondischargeabilityproceeding based on willful and malicious injury absent statutory authorization. (Bankr. D.Utah)
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Consumer case opionion summary, case decided on September 05,2019, LexisNexis #1119-008

Winters, In re

Ruling: 
Postponing creditor's non-judicial foreclosure sale was not a sanctionable violation of theautomatic stay as it merely maintained the status quo. (Bankr. D. Utah)
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Consumer case opionion summary, case decided on July 15,2019, LexisNexis #0919-029

Smith, In re

Ruling: 
Debt excepted from discharge where debtor caused willful and malicious injury when heformed a competing company by taking employees and customers from his former employer.(Bankr. D. Utah)
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Consumer case opionion summary, case decided on July 10,2019, LexisNexis #0919-011

Hafen, In re

Ruling: 
Creditors' suit that did not put debtor at risk for personal liability and required debtor'spresence to establish liability was excepted from the discharge injunction and was notgrounds for sanctions. (Bankr. D. Utah)
ABI Membership is required to access the full summary of Hafen, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 06,2019, LexisNexis #0819-063

Hazlett, In re

Ruling: 
Summary judgment granted in favor of debtor's attorney as the attorney had a legal basis toemploy bifurcated fee agreements to effectuate affordable legal services. (Bankr. D. Utah)
ABI Membership is required to access the full summary of Hazlett, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 10,2019, LexisNexis #0619-052

James Byron Kelley & Christiana Fayth Kelley Kevin R. Anderson, In re

Ruling: 
Home security company's collection actions violated the automatic stay as it had actual knowledge of debtors' bankruptcy as early as February 2018. (Bankr. D. Utah)
ABI Membership is required to access the full summary of James Byron Kelley & Christiana Fayth Kelley Kevin R. Anderson, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 04,2019, LexisNexis #0219-025

Traylor, In re

Ruling: 
Confirmation of chapter 13 plan was denied as debtors were not permitted to claim a vehicle ownership deduction on their means test for a high-interest non-purchase money title loan. (Bankr. D. Utah)
ABI Membership is required to access the full summary of Traylor, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 10,2019, LexisNexis #0219-041

Kiley, In re

Ruling: 
Debtor's interest in her ex-husband's retirement plan as a survivor beneficiary was excludedfrom property of the estate as it was subject to ERISA's anti-alienation provisions. (Bankr. D.Utah)
ABI Membership is required to access the full summary of Kiley, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 04,2018, LexisNexis #0119-016

Robertson, In re--Arma Yates, LLC v. Robertson

Ruling: 
Debtors lacked standing to pursue counterclaims as they were property of the estate subject to the control of the chapter 7 trustee. (Bankr. D. Utah)
ABI Membership is required to access the full summary of Robertson, In re--Arma Yates, LLC v. Robertson. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 10,2018, LexisNexis #1118-075

C.W. Mining Co., In re

Ruling: 
Court confirmed liquidation plan as it complied with applicable provisions of the bankruptcy code and trustee proposed the plan in good faith. (Bankr. D. Utah)
ABI Membership is required to access the full summary of C.W. Mining Co., In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on May 17,2018, LexisNexis #0618-112

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