Utah

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

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

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

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

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

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

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

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

May, In re--Reperex, Inc v. May

Ruling: 
Debt was nondischargeable where creditor failed to show that debtors' statements were materially false or that debtors made the statements with intent to deceive. (Bankr. D. Utah)
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Consumer case opionion summary, case decided on December 20,2017, LexisNexis #0118-101

Dodart, In re

Ruling: 
Court granted motion for turnover as the debtor's interest in the trust was properly included in the bankruptcy estate after the spendthrift clause expired. (Bankr. D. Utah)
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Consumer case opionion summary, case decided on November 20,2017, LexisNexis #1217-108

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