Judge Anderson

Traylor, In re

Ruling: 
Confirmation of chapter 13 plan was denied as debtors were not permitted to claim a vehicle ownership deduction on their means test for a high-interest non-purchase money title loan. (Bankr. D. Utah)
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Consumer case opionion summary, case decided on January 10,2019, LexisNexis #0219-041

James Byron Kelley & Christiana Fayth Kelley Kevin R. Anderson, In re

Ruling: 
Home security company's collection actions violated the automatic stay as it had actual knowledge of debtors' bankruptcy as early as February 2018. (Bankr. D. Utah)
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Consumer case opionion summary, case decided on January 04,2019, LexisNexis #0219-025

Kiley, In re

Ruling: 
Debtor's interest in her ex-husband's retirement plan as a survivor beneficiary was excludedfrom property of the estate as it was subject to ERISA's anti-alienation provisions. (Bankr. D.Utah)
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Consumer case opionion summary, case decided on December 04,2018, LexisNexis #0119-016

Robertson, In re--Arma Yates, LLC v. Robertson

Ruling: 
Debtors lacked standing to pursue counterclaims as they were property of the estate subject to the control of the chapter 7 trustee. (Bankr. D. Utah)
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Consumer case opionion summary, case decided on October 10,2018, LexisNexis #1118-075

Reynolds, In re

Ruling: 
Law firm's request for payment was reduced where court found that the services providedwere unnecessary, duplicative, or excessive and were not reasonably likely to benefit theestate. (Bankr. D. Utah)
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Consumer case opionion summary, case decided on May 09,2018, LexisNexis #0618-035

White, In re--Bird v. Wardley

Ruling: 
Debtor could not be presumed to be insolvent as there was no sufficient undisputed evidence to conclude as a matter of law that he was not paying his debts as they came due during the time of the transfers. (Bankr. D. Utah)
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Consumer case opionion summary, case decided on January 17,2018, LexisNexis #0218-117

Griffith, In re--McKell v. Griffith

Ruling: 
Debt was not excepted from discharge where the court found that nothing in the record showed that debtor engaged in actual fraud to deprive creditor of his money. (Bankr. D. Utah)
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Consumer case opionion summary, case decided on March 07,2017, LexisNexis #0417-040

In re Kirk LLC

Ruling: 
LLC's proposed plan confirmed because there is an adequate disclosure statement and allcreditors had voted in favor of the plan. (Bankr. D. Utah)
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Commercial case opionion summary, case decided on December 15,2016, LexisNexis #0117-080

In re Castle Serv., LLC

Ruling: 
Relief from stay to foreclose denied where land was property of debtor LLC's estate andnecessary to debtor’s reorganization. (Bankr. D. Utah)
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Commercial case opionion summary, case decided on November 09,2016, LexisNexis #1216-035

Ray Klein, Inc. v. Webb (In re Call)

Ruling: 
Loan debt was nondischargeable due to debtor’s false representations regarding ability torepay. (Bankr. D. Utah)
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Consumer case opionion summary, case decided on November 14,2016, LexisNexis #1216-042

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