Feb
21
2020
Nagel, In re--Nagel v. Ky. Tax Bill Servicing, Inc.
Ruling:
There is no private right of action for an alleged false proof of claim. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on February 21,2020, LexisNexis #0420-001
Feb
19
2020
Shy, In re
Ruling:
Order avoiding judicial lien set aside where creditor had been given no notice whatsoever thatdebtor had filed a motion to reopen the case for the purpose of avoiding the lien. (Bankr. W.D.Ky.)
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Consumer case opionion summary, case decided on February 19,2020, LexisNexis #0420-011
Feb
07
2020
Pineville Cmty. Hosp. Ass'n, In re
Ruling:
Request for an administrative expense claim denied as claimant could not show that the debtfor license fees arose from a transaction with the estate. (Bankr. E.D. Ky.)
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Commercial case opionion summary, case decided on February 07,2020, LexisNexis #0320-060
Feb
12
2020
Smith, In re
Ruling:
Debt excepted from discharge where creditor detrimentally relied on debtor's falserepresentations and sustained damages as a direct result. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on February 12,2020, LexisNexis #0320-066
Jan
24
2020
Bullitt Utils., Inc., In re--Keats v. Cogan
Ruling:
Summary judgment on breach of fiduciary duty claim was granted in favor of creditors asthere had been no credible evidence to establish that they benefitted financially from thedebtor's failure. (Bankr. W.D. Ky.)
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Commercial case opionion summary, case decided on January 24,2020, LexisNexis #0320-026
Jan
22
2020
Carr, In re
Ruling:
Attorneys’ use of dual contracts for pre- and post-petition work satisfied the Bankruptcy Code.(Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on January 22,2020, LexisNexis #0320-012
Jul
12
2019
Cambrian Holding Co., In re--Hazard Coal Corp. v. Am. Res. Corp.
Ruling:
Motion for reconsideration seeking alteration of the order approving the sale of debtors' assetswas denied as res judicata barred further consideration of plaintiff's arguments. (Bankr. E.D.Ky.)
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Commercial case opionion summary, case decided on July 12,2019, LexisNexis #0220-033
Dec
17
2019
Glenview Health Care Facility, In re
Ruling:
Application to employ counsel was denied as there was a substantial risk that confidentialfactual information was obtained by counsel in its prior representation of an insider of thedebtor. (Bankr. W.D. Ky.)
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Commercial case opionion summary, case decided on December 17,2019, LexisNexis #0120-092
Nov
15
2019
Brown, In re
Ruling:
Co-signed consumer debts may be treated differently notwithstanding an unfairdiscrimination prohibition for separately classified unsecured debts. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on November 15,2019, LexisNexis #1219-095
Oct
31
2019
Pierce, In re--Pierce v. Skillsman's Auto Sales
Ruling:
Preference period transfers were not avoidable pursuant to the de minimis exception. (Bankr.W.D. Ky.)
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Consumer case opionion summary, case decided on October 31,2019, LexisNexis #1219-068
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