Jan
04
2019
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)
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Consumer case opionion summary, case decided on January 04,2019, LexisNexis #0219-025
Jan
10
2019
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)
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Consumer case opionion summary, case decided on January 10,2019, LexisNexis #0219-041
Dec
04
2018
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)
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Consumer case opionion summary, case decided on December 04,2018, LexisNexis #0119-016
Oct
10
2018
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)
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Consumer case opionion summary, case decided on October 10,2018, LexisNexis #1118-075
May
17
2018
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)
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Commercial case opionion summary, case decided on May 17,2018, LexisNexis #0618-112
May
09
2018
Reynolds, In re
Ruling:
Law firm's request for payment was reduced where court found that the services providedwere unnecessary, duplicative, or excessive and were not reasonably likely to benefit theestate. (Bankr. D. Utah)
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Consumer case opionion summary, case decided on May 09,2018, LexisNexis #0618-035
Feb
14
2018
Pence, In re
Ruling:
Court lifted stay to allow divorce court to either reaffirm its order dividing property that was subject to the stay or relitigate the division of estate property. (Bankr. D. Utah)
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Consumer case opionion summary, case decided on February 14,2018, LexisNexis #0318-095
Jan
17
2018
White, In re--Bird v. Wardley
Ruling:
Debtor could not be presumed to be insolvent as there was no sufficient undisputed evidence to conclude as a matter of law that he was not paying his debts as they came due during the time of the transfers. (Bankr. D. Utah)
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Consumer case opionion summary, case decided on January 17,2018, LexisNexis #0218-117
Dec
19
2017
Peeples, In re--Lee v. Peeples
Ruling:
Court deemed that debtors were not ineligible for discharge as the creditors failed to showthat they were justified in relying on debtors' misrepresentations. (Bankr. D. Utah)
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Consumer case opionion summary, case decided on December 19,2017, LexisNexis #0218-023
Dec
19
2017
Passa, In re
Ruling:
Court imposed punitive damages against creditor and his attorney for rerecording judgmentsin violation of the discharge injunction. (Bankr. D. Utah)
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Consumer case opionion summary, case decided on December 19,2017, LexisNexis #0218-002
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