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10th circuit

Guertin, In re--Soulé v. Guertin

Ruling
Fraudulent transfer claims treated as non-core due to debtors' jury demand despite beinglisted as core proceedings. (Bankr. N.D. Okla.)
Issue(s)
Procedures; Proceedings Related to Bankruptcy.

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Consumer opinion summary, case decided on July 12, 2024 , LexisNexis #0924-047

Woods, In re--Grange Ins. Co. v. Woods

Ruling
Bankruptcy court erred in ruling that the insurer was not required to prove justifiable relianceon debtor’s false claim documentation that was the subject of state court insurance fraudjudgment. (B.A.P. 10th Cir.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on July 11, 2024 , LexisNexis #0924-035

Bunton, In re--Bunton v. Colonial Gardens, LLC

Ruling
Landlord's enforcement of the pre-petition eviction judgment entered against the debtors wasexcepted from the automatic stay. (Bankr. D. Kan.)
Issue(s)
Automatic Stay; Exceptions; Enforcement of Judgment of Possession of Residential

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Consumer opinion summary, case decided on July 08, 2024 , LexisNexis #0924-032

Arnold Bros. Forest Prods., In re

Ruling
Chapter 11 case dismissed due to debtor's unauthorized use of cash collateral, inadequate business records hindering collateral valuation, and lack of evidence supporting ability to effectively reorganize. (Bankr. E.D. Okla.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.

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Commercial opinion summary, case decided on July 03, 2024 , LexisNexis #0924-017

303 Invs., Inc., In re

Ruling
Subchapter V plan was confirmed as it was proposed in good faith, was in the best interests ofcreditors, did not unfairly discriminate, and was fair and equitable. (Bankr. D. Colo.)
Issue(s)
Confirmation of Plan; Exception

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Commercial opinion summary, case decided on June 24, 2024 , LexisNexis #0924-044

Mudd, In re

Ruling
Debtors’ attorney could not unbundle essential bankruptcy legal services. (Bankr. W.D. Okla.)
Issue(s)
Debtor’s Transactions with Attorneys.

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Consumer opinion summary, case decided on June 21, 2024 , LexisNexis #0824-077

Hall, In re

Ruling
Creditor held liable for willfully violating automatic stay by filing state court motionsregarding dischargeable divorce debt without obtaining stay relief, after prior stay violationorder. (Bankr. D. Kan.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.

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Consumer opinion summary, case decided on June 12, 2024 , LexisNexis #0824-028

Guzman, In re

Ruling
Court granted motion to avoid lien with immediate effect, declining to impose extra-statutoryconditions on lien avoidance. (Bankr. D. Colo.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

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Consumer opinion summary, case decided on May 24, 2024 , LexisNexis #0824-012

Aero. Eng'g & Support, Inc., In re

Ruling
Claim objection was overruled and plaintiff's claim was allowed as the debtor had not met itsburden of attacking the validity of the claim. (Bankr. D. Utah)
Issue(s)
Allowance of Claims or Interests; Disallowance.

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Commercial opinion summary, case decided on May 09, 2024 , LexisNexis #0724-033

Anaya, In re--Anaya v. Shellpoint Mortg. Servicing

Ruling
Defendant was entitled to summary judgment that statements sent did not violate thedischarge injunction as the record contained no evidence and concrete effect of coercingpayment of the discharged debt. (Bankr. D. Kan.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to

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Consumer opinion summary, case decided on April 22, 2024 , LexisNexis #0624-091