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District of connecticut

ServiCom LLC, In re--Katz v. Merch. Auto. Grp., Inc.

Ruling
Preferential payments made by the debtor were avoidable to the extent the new value of debtor's continued possession and use of leased vehicles was not shown to have been granted after payment to the defendant. (Bankr. D. Conn.)
Issue(s)
Preferences.

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Commercial opinion summary, case decided on March 31, 2023 , LexisNexis #0523-091

Kwok, In re--HK Int'l Funds Invs. (USA Ltd., LLC v. Despins)

Ruling
Yacht was property of the estate because a state court's final contempt decision found multiple times that the individual debtor had a beneficial interest in and controlled the yacht. (Bankr. D. Conn.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate.

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Commercial opinion summary, case decided on March 30, 2023 , LexisNexis #0623-013

Anderson, In re--Katz v. Anderson

Ruling
Debtor's ex-wife was entitled to summary judgment on the trustee's claims alleging fraudulent transfer as trustee did not dispute with admissible evidence the central assertions in defendant's affidavit. (Bankr. D. Conn.)
Issue(s)
Fraudulent Transfers and Obligations.

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Consumer opinion summary, case decided on March 23, 2023 , LexisNexis #0523-067

Code Ann. § 66-12-102. Clinton Nurseries, Inc., In re--Clinton Nurseries, Inc. v. Pirtle Nursery, Inc.

Ruling
Debtor's agreement to make monthly payments based on the number of trees planted on the creditor's farm was a lease rather than a services contract for purposes of preference proceeding. (Bankr. D. Conn.)
Issue(s)
Preferences; Avoidable Transfers; Receipt by Creditor.

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Commercial opinion summary, case decided on March 17, 2023 , LexisNexis #0523-038

Code Ann. § 66-12-102. Clinton Nurseries, Inc., In re--Clinton Nurseries, Inc. v. Pirtle Nursery, Inc.

Ruling
Debtor's agreement to make monthly payments based on the number of trees planted on the creditor's farm was a lease rather than a services contract for purposes of preference proceeding. (Bankr. D. Conn.)
Issue(s)
Preferences; Avoidable Transfers; Receipt by Creditor.

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Commercial opinion summary, case decided on March 17, 2023 , LexisNexis #0523-038

Anderson, In re--Cadle Co. v. Anderson

Ruling
Defendant was not entitled to discharge as his level of involvement in the business's insurance needs required that he keep and maintain records for insurance purposes or be able to produce such records, which he could not do. (Bankr. D. Conn.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on February 23, 2023 , LexisNexis #0423-066

Jackson, In re--Jackson v. GSO Bus. Mgmt., LLC

Ruling
Fifteen percent across the board reduction in attorney’s billed hours warranted due to vague entries and duplicative billing of tasks not necessitating two attorneys. (Bankr. D. Conn.)
Issue(s)
Compensation of Officers.

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Consumer opinion summary, case decided on February 23, 2023 , LexisNexis #0423-052

Morgado, In re--Ruszkowski v. Morgado

Ruling
Debts were nondischargeable absent any issue of material fact regarding fiduciary defalcation.(Bankr. D. Conn.)
Issue(s)
Exceptions to Discharge.

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Consumer opinion summary, case decided on January 20, 2023 , LexisNexis #0323-058

Borg, In re--Cloutier v. Borg

Ruling
Debtor was collaterally estopped from arguing that there was no injury as injury had beenestablished as a matter of law via jury verdict. (Bankr. D. Conn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on January 18, 2023 , LexisNexis #0323-039

Moore, In re

Ruling
Debtor's Chapter 13 case was dismissed as it was filed within 180 days after the voluntarydismissal of the debtor's third case. (Bankr. D. Conn.)
Issue(s)
Who May Be a Debtor; Exception for Debtors with Certain Prior Dismissals.

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Consumer opinion summary, case decided on December 19, 2022 , LexisNexis #1223-002