Jan
10
2019
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
Jan
04
2019
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
Dec
04
2018
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
Oct
10
2018
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
May
09
2018
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
Jan
17
2018
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
Mar
07
2017
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
Dec
15
2016
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
Nov
09
2016
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
Nov
14
2016
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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