Jul
15
2019
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
Jul
10
2019
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
Jun
06
2019
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)
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Consumer case opionion summary, case decided on June 06,2019, LexisNexis #0819-063
Apr
10
2019
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)
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Consumer case opionion summary, case decided on April 10,2019, LexisNexis #0619-052
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
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