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In re Wareham

Ruling
Confirmation denied due to failure to devote all projected disposable income to plan. (Bankr.D. Utah)
Issue(s)
Confirmation of Plan.

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Consumer opinion summary, case decided on July 06, 2016 , LexisNexis #1216-025

Telegraph Tower LLC v. Larkin (In re Larkin)

Ruling
Debtors' misrepresentations to investors and misuse of funds resulted in nondischargeable debt.
Issue(s)
Was debt nondischargeable due to debtor's false representations to investors and use of construction funds for own purposes.

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Consumer opinion summary, case decided on May 27, 2016 , LexisNexis #0616-088

West v. Jeppesen (In re Krachun)

Ruling
Trustee's potential avoidance proceeding was abandoned upon closing of case.
Issue(s)
Should trustee's avoidance proceeding be dismissed on grounds that the trustee abandoned the property at issue, the trustee's claims are time-barred, the assets at issue were never part of the bankruptcy estate, and the trustee is prevented from pursuing the assets based on principles of estoppel and laches?

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Consumer opinion summary, case decided on August 14, 2015 , LexisNexis #0915-021

Expert South Tulsa LLC v. Cornerstone Creek Partners LLC (In re Expert South Tulsa LLC)

Ruling
Sale of property that was subject to a mortgage exceeding its value was not an avoidable sale of an asset.
Issue(s)
Did bankruptcy court err in granting summary judgment in a fraudulent transfer proceeding based on failure to exchange reasonably equivalent value for the property?

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on July 20, 2015 , LexisNexis #0815-056

In re Naartjie Custom Kids Inc.

Ruling
Structured dismissal of case granted.
Issue(s)
Should dismissal of chapter 11 case be granted as a "structured dismissal" with specific orders for distribution in accordance with a settlement agreement with creditors?

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Commercial opinion summary, case decided on July 13, 2015 , LexisNexis #0815-002

In re SLC Inn LLC

Ruling
Plan confirmed as fair, equitable, feasible and satisfying the necessary requirements of the Bankruptcy Code.
Issue(s)
Should chapter 11 plan of debtor hotel be confirmed?

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Commercial opinion summary, case decided on January 30, 2015 , LexisNexis #0215-133

In re Zisumbo

Ruling
Inheritance received more than 180 days after confirmation was property of chapter 13 estate.
Issue(s)
Whether inheritances received post-confirmation by chapter 13 debtors were property of the respective bankruptcy estates.

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Consumer opinion summary, case decided on October 06, 2014 , LexisNexis #1014-136

In re Dawson

Ruling
Debt was nondischargeable due to misuse of funds paid by creditor towards satisfaction of construction invoices.
Issue(s)
Was debt nondischargeable due to debtor contractor's misrepresentations regarding application of funds paid by creditor for construction of an airplane hangar?

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Consumer opinion summary, case decided on March 06, 2014 , LexisNexis #0614-052

Anderson v. Fisher (In re Fisher)

Ruling
Pro se creditor's untimely nondischargeability proceeding dismissed.
Issue(s)
Should nondischargeability proceeding filed by pro se creditor sixty-one days after first date of § 341 meeting, without filing fees, and then refiled seven days later, with fees, be dismissed?

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Consumer opinion summary, case decided on February 21, 2014 , LexisNexis #0314-082

Loveridge v. Hall (In re Renewable Energy Dev. Corp.)

Ruling
Attorneys for trustee were not entitled to sanctions against LLC and principal for filing third party complaint without conducting reasonable investigation.
Issue(s)
Were individual attorneys for trustee entitled to sanctions against LLC and principal, defendants in a proceeding alleging interference with administration of debtor's estate, for filing third party complaint without conducting reasonable investigation?.

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Commercial opinion summary, case decided on February 10, 2014 , LexisNexis #0314-030