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10th circuit

Van Horn, In re--Oklahoma Heritage Bank v. Van Horn

Ruling
Plaintiff's complaint contained sufficient factual allegations to support nondischargeability of debts. (Bankr. E.D. Okla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Commercial opinion summary, case decided on January 22, 2025 , LexisNexis #0325-083

Ghaffari, In re

Ruling
Subchapter V debtor was required to report all actual earnings and cash receipts in the monthly operating reports regardless of whether the income was property of the estate. (Bankr. D.N.M.)
Issue(s)
Duties and reporting requirements of debtors; Other applicable provisions.

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Consumer opinion summary, case decided on January 03, 2025 , LexisNexis #0325-046

Denton, In re--Denton v. United States, IRS

Ruling
Sovereign immunity for claims against governmental units regarding violations of the automatic stay waived. (Bankr. E.D. Okla.)
Issue(s)
Waiver of Sovereign Immunity; Abrogation.

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Consumer opinion summary, case decided on December 30, 2024 , LexisNexis #0325-027

Frontline Med. Servs. LLC, In re--Busch Law Firm, LLC v. Frontline Med. Servs. LLC I

Ruling
Bankruptcy court erred in confirming plan by applying the incorrect feasibility test for a nonconsensual Subchapter V plan. (B.A.P. 10th Cir.)
Issue(s)
Confirmation of Plan.

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Commercial opinion summary, case decided on December 26, 2024 , LexisNexis #0325-016

Clasby, In re--Fuller v. Clasby

Ruling
Debts were dischargeable as debtor’s actions were not wrongful but rather involved a failed construction project and incomplete performance under the contracts. (Bankr. D. Colo.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on November 26, 2024 , LexisNexis #0225-013

Lewis, In re

Ruling
Chapter 13 debtor had standing to file an action for avoidance of an unauthorized postpetition transfer of property of the estate. (Bankr. D.D.C.)
Issue(s)
Post-petition Transactions.

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Consumer opinion summary, case decided on November 12, 2024 , LexisNexis #0125-061

Barrett, In re

Ruling
Debtor's case transferred to district where he admitted to living for at least 180 days prior to petition date. (Bankr. E.D. Okla.)
Issue(s)
Venue of Cases Under Title 11.

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Consumer opinion summary, case decided on November 04, 2024 , LexisNexis #0125-072

Tarpenning, In re

Ruling
Creditors demonstrated good cause to extend their deadlines to file a motion to dismiss or seek exception to, or denial of, discharge due to debtor's multiple failures to attend the creditor's meeting and his failure to complete his required schedules. (Bankr. D. Kan.)
Issue(s)
Meetings of Creditors and Equity Security Holders.

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Consumer opinion summary, case decided on November 04, 2024 , LexisNexis #0125-052

Bohman, In re

Ruling
Debtor was not a person engaged in commercial or business activities and could not proceed under Subchapter V of Chapter 11. (Bankr. D. Utah)
Issue(s)
Definitions; Debtor; Persons Included.

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Consumer opinion summary, case decided on October 24, 2024 , LexisNexis #0125-019

Gonzales, In re

Ruling
Debtor's motion to avoid a judicial lien was granted, even without any evidence of the actual cost to fix the debtor's house repairs given the low fair market value of the property on the petition date. (Bankr. D.N.M.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

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Consumer opinion summary, case decided on September 30, 2024 , LexisNexis #1224-059