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
Mar
12
2015
SE Prop. Holdings LLC v. Seaside Engg & Surveying (In re Seaside Engg & Surveying)
Ruling:
Plan including releases of claims against third parties properly confirmed.
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Commercial case opionion summary, case decided on March 12,2015, LexisNexis #0415-024
Nov
22
2010
In re Oakwood Country Club Inc.
Debtor, the operator of a social club, submitted its disclosure statement for its plan of reorganization. The United States trustee objected to approval of the disclosure statement on the ground that the plan was not confirmable on its face.
Ruling:
Disclosure statement for plan of reorganization not approved as plan was not confirmable due to inability of impaired creditors to vote.
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Commercial case opionion summary, case decided on November 22,2010, LexisNexis #0111-031
Nov
01
2010
In re Oakwood Country Club Inc.
Pursuant to 11 U.S.C.S. § 327, debtor filed a motion for compensation for its counsel.
Ruling:
Debtor's attorneys' fees approved less amounts arising from proposed sale that breached debtor's duty to unsecured creditors.
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Commercial case opionion summary, case decided on November 01,2010, LexisNexis #0111-037
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