6th Circuit

Cruz, In re

Ruling: 
Chapter 13 plan did not meet the best interest of creditors test as debtors had not shown thatthe plan distributed property a claim that was not less than creditors would receive if thehome were sold in a Chapter 7 liquidation. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on October 12,2020, LexisNexis #1220-020

Cook & Sons Mining, Inc., In re

Ruling: 
Special counsel was not entitled to a contingent fee on a contract-based reimbursement ofunearned premiums for insurance coverage as his work had nothing to do with a contractbased recovery. (Bankr. E.D. Ky.)
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Commercial case opionion summary, case decided on October 19,2020, LexisNexis #1220-003

Richardson, In re--Richardson v. Richardson

Ruling: 
No issue remained whether the debtors' liability for conversion was nondischargeable as theirconduct met the elements of a nondischargeable debt for a willful and malicious injury.(Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on October 06,2020, LexisNexis #1120-88

Keener, In re

Ruling: 
Debtor's request to reaffirm a debt was denied as she filed the request more than two monthsafter the discharge order was entered and she had failed to ask the court to delay the entry ofthe discharge. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on October 09,2020, LexisNexis #1120-90

Ellison, In re

Ruling: 
Below median debtor's request to modify her confirmed plan was denied as it would relitigatean issue of plan length that was known at confirmation. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on October 06,2020, LexisNexis #1120-98

Smith, In re

Ruling: 
Debtor was not entitled to stay pending appeal where any harm to debtor was offset by thepublic's interest in not allowing debtor to continue abusing the judicial process. (B.A.P. 6thCir.)
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Consumer case opionion summary, case decided on October 08,2020, LexisNexis #1120-100

Hoff, In re

Ruling: 
Totality of the circumstances created cause for dismissal as debtor engaged in efforts to defeatthe rights of his creditors. (Bankr. W.D. Mich.)
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Consumer case opionion summary, case decided on October 01,2020, LexisNexis #1120-070

In re--Energy Conversion Devices Liquidation Trust v. Ovonyx, Inc.

Ruling: 
Debtor's claim for an actual fraudulent transfer survived dismissal because, inter alia, thedebtor plausibly alleged that the defendant entered into the agreement with the intent tohinder, delay or defraud. (Bankr. E.D. Mich.)
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Commercial case opionion summary, case decided on October 01,2020, LexisNexis #1120-054

Kinney, In re--Milligan v. Valdes

Ruling: 
Property became property of the estate subject to the trustee's strong-arm avoidance powers asdefendant's quit claim deed was not recorded as of the petition date. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on October 01,2020, LexisNexis #1120-067

Bailey, In re--Dymarkowski v. Boyd

Ruling: 
Trustee was not entitled to summary judgment on the avoidance action involving property asit was not clear that the debtor had an interest in the property. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on September 30,2020, LexisNexis #1120-041

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