Skip to main content

Page Banner(Taxonomy)

judge mosier

Morrissey, In re--Strahan v. Evans

Ruling
Debt owed to former spouse for overpayment of child support was excepted from discharge.(Bankr. D. Utah)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts in Connection with Divorce

ABI Membership is required to access the full summary of Morrissey, In re--Strahan v. Evans Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 04, 2022 , LexisNexis #0422-086

Woodhouse, In re--Ceruti v. Woodhouse

Ruling
Statements and omissions in the debtor's bankruptcy filings were not grounds for denial ofdischarge absent evidence that the debtor acted with the requisite fraudulent intent. (Bankr. D.Utah)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.

ABI Membership is required to access the full summary of Woodhouse, In re--Ceruti v. Woodhouse Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 03, 2022 , LexisNexis #0422-089

Olson, In re

Ruling
Debtors were entitled to confirmation of their plan of reorganization because debtors metthe voting requirements and the plan met the best interests of the creditors' test. (Bankr. D.Utah)
Issue(s)
Confirmation of Plan; Requirements.

ABI Membership is required to access the full summary of Olson, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 16, 2020 , LexisNexis #1020-096

Beal, In re--State Bank of S. Utah v. Beal

Ruling
Motion to extend denied where creditor's complaint was tardily filed and court found nobasis to extend the time to file it. (Bankr. D. Utah)
Issue(s)
Computing and Extending Time; Time for Motion Papers; Computing Time;

ABI Membership is required to access the full summary of Beal, In re--State Bank of S. Utah v. Beal Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 31, 2020 , LexisNexis #0520-073

All Resort Grp., Inc., In re--Miller v. United States

Ruling
Sovereign immunity does not preclude the trustee from avoiding transfers to the IRSalthough trustees claim failed as payments were outside the two-year look back period.(Bankr. D. Utah)
Issue(s)
Waiver of Sovereign Immunity; Abrogation; Applicability to Certain Code Sections.

ABI Membership is required to access the full summary of All Resort Grp., Inc., In re--Miller v. United States Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on March 31, 2020 , LexisNexis #0520-053

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)
Issue(s)
Confirmation of Plan; Requirements.

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 opinion summary, case decided on May 17, 2018 , LexisNexis #0618-112

Novinda Corp., In re--Minerals Techs., Inc. v. Novinda Corp.

Ruling
Appellate panel affirmed the bankruptcy court's decision confirming the debtor's plan asthere was no evidence that the treatment of the creditors under the amended plan constitutedunfair discrimination. (B.A.P. 10th Cir.)
Issue(s)
Confirmation of Plan.

ABI Membership is required to access the full summary of Novinda Corp., In re--Minerals Techs., Inc. v. Novinda Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on May 16, 2018 , LexisNexis #0618-082

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)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Financial Statement.

ABI Membership is required to access the full summary of May, In re--Reperex, Inc v. May Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 20, 2017 , LexisNexis #0118-101

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)
Issue(s)
Discharge; Grounds for Denial.

ABI Membership is required to access the full summary of Peeples, In re--Lee v. Peeples Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 19, 2017 , LexisNexis #0218-023

C.W. Mining Co., In re--Rhino Energy LLC v. C.O.P. Coal Dev. Co.

Ruling
Court ruled that all orders mooted by § 363(m) are final for purposes of collateral estoppel.(Bankr. D. Utah)
Issue(s)
Use, Sale, or Lease of Property; Protection for Good Faith Purchasers.

ABI Membership is required to access the full summary of C.W. Mining Co., In re--Rhino Energy LLC v. C.O.P. Coal Dev. Co. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on September 13, 2017 , LexisNexis #1017-069