Jan
02
2024
BK Racing, LLC, In re--Smith v. BK Racing, LLC
Ruling:
Sanctions were imposed on the defendant in avoidance proceeding as she had continuallyfailed and refused to comply with discovery. (Bankr. W.D.N.C.)
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Commercial case opionion summary, case decided on January 02,2024, LexisNexis #0224-085
Dec
26
2023
Cruz, In re--Advancial Fed. Credit Union v. Cruz
Ruling:
Trustee was not permitted to intervene in case concerning scam involving debtor’s credit cardas no assets of the estate were impacted. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on December 26,2023, LexisNexis #0224-074
Dec
21
2023
Chesney, In re
Ruling:
Creditor's motion to lift stay for debtor’s failure to disclose income from role as a personalrepresentative denied where debtor had not yet received income. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on December 21,2023, LexisNexis #0224-051
Dec
28
2023
Aldrich Pump LLC, In re
Ruling:
Motion to dismiss was denied absent satisfaction of the objective futility prong of the Carolintest. (Bankr. W.D.N.C.)
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Commercial case opionion summary, case decided on December 28,2023, LexisNexis #0224-040
Dec
15
2023
Cleary Packaging, LLC, In re
Ruling:
Creditor had ample justification to reject the debtor's plan as it proposed only a 27% recoveryon the creditor's resulting unsecured claim, allowing the debtor to keep all other value in thecompany after only 60 months of payments. (Bankr. D. Md.)
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Commercial case opionion summary, case decided on December 15,2023, LexisNexis #0224-041
Dec
11
2023
Kelly, In re
Ruling:
Case dismissed with prejudice due to debtor’s abuse of the provisions, purpose, and spirit ofChapter 13. (Bankr. D. Md.)
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Consumer case opionion summary, case decided on December 11,2023, LexisNexis #0224-002
Nov
27
2023
Maynor, In re
Ruling:
Chapter 13 plan could not be confirmed as the debtor improperly sought to avoid notice andapproval of sale requirements by inserting a nonstandard provision asserting the debtor'sclaimed homestead property was not non-exempt. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on November 27,2023, LexisNexis #0124-092
Dec
07
2023
Kennedy, In re
Ruling:
Compensation for lender’s attorney's fees and expenses incurred in state court collectionaction allowed only in part. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on December 07,2023, LexisNexis #0124-080
Nov
09
2023
Health Diagnostic Lab., Inc., In re--Arrowsmith v. First United Methodist Church Ctr., Ala.
Ruling:
Transfer of funds from intermediate transferee to church could be avoided, as positive,altruistic feelings the intermediate transferee obtained from the transfer did not constitutevalue. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on November 09,2023, LexisNexis #0124-039
Nov
08
2023
Stevenson, In re
Ruling:
Chapter 13 plan may modify the rights of holders of secured claims. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on November 08,2023, LexisNexis #0124-045