Aug
01
2018
Minix, In re--Stone v. Minix
Ruling:
Unlawful detainer action remanded to the state court as there was no connection between the removed state court action and the bankruptcy case. (Bankr. C.D. Cal.)
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Consumer case opionion summary, case decided on August 01,2018, LexisNexis #0918-059
Jul
25
2018
Caudill, In re
Ruling:
Court held that debtors' home was worth $49,600 and that creditor's expert opinion as to thedimensions of the property for purposes of finding the appropriate value under § 506(a) wasconsistent and credible. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on July 25,2018, LexisNexis #0918-026
Jul
24
2018
Carmicle, In re--Brown Jordan Int'l, Inc. v. Carmicle
Ruling:
District court’s award of punitive damages and attorneys’ fees nondischargeable as actions inviolation of the Stored Communications Act constituted larceny. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on July 24,2018, LexisNexis #0918-009
Jul
06
2018
Clark, In re
Ruling:
Court overruled trustee's objection to debtor's amended exemption where he failed to meethis burden of proving that the amended exemption was not properly claimed as there was noevidence of bad faith by debtor or fraudulent intent. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on July 06,2018, LexisNexis #0818-067
Jun
15
2018
Beighey, In re
Ruling:
Dismissal of chapter 7 bankruptcy case was appropriate where debtors' high incomeprecludes them from rebutting the presumption of abuse. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on June 15,2018, LexisNexis #0718-079
Jun
08
2018
Mercury Data Sys., In re
Ruling:
Motion to dismiss and motion to convert denied where involuntary debtor received propernotice of petition and order for relief could not be set aside on this basis. (Bankr. E.D. Ky.)
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Commercial case opionion summary, case decided on June 08,2018, LexisNexis #0718-061
Jun
11
2018
HNRC Dissolution Co., In re
Ruling:
Enforcement motion denied where purchaser failed to meet its burden of showing that theparty asserting an interest was an unknown party such that notice by publication wassufficient to satisfy constitutional due process. (Bankr. E.D. Ky.)
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Commercial case opionion summary, case decided on June 11,2018, LexisNexis #0718-066
Jun
12
2018
Young, In re
Ruling:
Court granted creditor's motion in part where he had a contract to purchase the property withthe debtor but received no notice of the bankrupty prior to the bar date. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on June 12,2018, LexisNexis #0718-067
May
22
2018
Denny, In re
Ruling:
Court granted trustee's motion for sanctions because attorney failed to provide promised services to clients and misrepresented the services he would provide. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on May 22,2018, LexisNexis #0618-106
May
18
2018
Thornton, In re
Ruling:
Law firm's amended application for permission to represent debtors was denied in part wherethey violated 11 U.S.C. § 329 for failing to disclose payments they received from a companyowned by debtors' daughter. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on May 18,2018, LexisNexis #0618-063
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