Nov
20
2020
Tedesco, In re
Ruling:
Debtors were entitled to confirm their "cure and maintain" plan because the existence of theautomatic stay is not a pre-requisite to confirmation of a Chapter 13 plan. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on November 20,2020, LexisNexis #0121-044
Oct
19
2020
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
Oct
06
2020
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
Jul
30
2020
Rishel, In re--Prof'l Garage Door Sys. v. Rishel
Ruling:
Debt was nondischargeable where debtor failed to show shooting of minor stepson wassubstantially justified. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on July 30,2020, LexisNexis #0920-039
Jul
23
2020
Shy, In re
Ruling:
Debtor's motion to avoid a judgment lien was denied as the court had to consider the fullvalue of the property whether the exemption was encumbered for lien avoidance purposes.(Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on July 23,2020, LexisNexis #0920-008
Jun
05
2020
Germanis, In re
Ruling:
Post-confirmation amendment to proof of claim allowed as it did not assert a new cause ofaction or right to payment that did not already exist under the original proof of claim. (Bankr.W.D. Ky.)
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Consumer case opionion summary, case decided on June 05,2020, LexisNexis #0720-056
Apr
16
2020
Bullitt Utils., Inc., In re--Keats v. Cogan
Ruling:
Prevailing party's requested costs related to depositions and filing fees were recoverable asthey were authorized and the depositions were reasonably necessary. (Bankr. W.D. Ky.)
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Commercial case opionion summary, case decided on April 16,2020, LexisNexis #0620-049
Apr
02
2020
Taulbee, In re
Ruling:
Court imposed sanctions against debtor’s counsel due to multiple material substantive andprocedural errors and multiple intentional representations.(Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on April 02,2020, LexisNexis #0520-090
Mar
02
2020
Hrustanovic, In re
Ruling:
No willful violation of discharge injunction where creditor presented debtor with severaloptions to release the lien on his vehicle. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on March 02,2020, LexisNexis #0420-049
Feb
27
2020
Lane, In re--Lane v. Dean
Ruling:
Equitable subordination of creditors' claim was appropriate where creditor continued topursue abusive litigation tactics all while refusing payment. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on February 27,2020, LexisNexis #0420-036
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