May
06
2020
Glenn, In re--Glenn v. Army & Air Force Exch. Servs.
Ruling:
Debtor's counsel was awarded reasonable attorney's fee to commensurate with the time andeffort reasonably required to rectify the stay violation. (Bankr. S.D. Ala.)
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Consumer case opionion summary, case decided on May 06,2020, LexisNexis #0620-079
May
11
2020
Cook, In re
Ruling:
Debtor's request to impose the stay retroactively was denied as the court did not haveauthority under 11 U.S.C. § 105(a) to override 11 U.S.C. § 362(c)(4)(C). (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on May 11,2020, LexisNexis #0620-081
May
12
2020
Rumptz, In re--Jones v. Rumptz
Ruling:
Motion objecting to debtor's discharge denied where debtor did not transfer property withinthe year prior to the petition date or after the petition date with the intent to hinder, delay, ordefraud creditors. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on May 12,2020, LexisNexis #0620-094
Apr
23
2020
Reynolds, In re--Mehdipour v. JPMorgan Chase Bank, N.A.
Ruling:
Motion to dismiss denied where bankruptcy court's authority to determine whether fundswere estate property created a basis for subject matter jurisdiction. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on April 23,2020, LexisNexis #0620-065
Apr
28
2020
In re Thompson v. Sawyer (In re Thompson)
Ruling:
Debtor's summary judgment granted where plaintiff failed to establish the existence of afiduciary relationship arising out of a technical trust. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on April 28,2020, LexisNexis #0620-062
Apr
16
2020
Fundamental Long Term Care, Inc., In re
Ruling:
Disqualification motion denied as attorney's representation of the trustee greatly benefited thebankruptcy estate and outweighed inadvertently undisclosed connections with debtor. (Bankr.M.D. Fla.)
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Commercial case opionion summary, case decided on April 16,2020, LexisNexis #0620-048
Apr
17
2020
Lyubarsky, In re
Ruling:
Debtor husband who suffered from anxiety and provided evidence of emotional distresscaused by creditor's demands in violation of the automatic stay was due emotional distressdamages. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on April 17,2020, LexisNexis #0620-029
Apr
21
2020
Miller v. New Penn Fin., LLC
Ruling:
Chapter 7 trustee was entitled to summary judgment in avoidance proceeding as she coulddefensively assert her rights as a bona fide purchaser under applicable state law. (Bankr. N.D.Ga.)
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Commercial case opionion summary, case decided on April 21,2020, LexisNexis #0620-039
Apr
09
2020
Gibbs, In re--Gibbs v. Gibbs
Ruling:
Abstention was warranted because the adversary proceeding largely involved state law issues.(Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on April 09,2020, LexisNexis #0620-021
Apr
03
2020
Breland, In re
Ruling:
Joint motion to approve compromise was denied because trustee failed to establish that theterms of the motion were fair, equitable, and in the best interests of the estate (Bankr. S.D. Ala.)
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Consumer case opionion summary, case decided on April 03,2020, LexisNexis #0620-025
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