Apr
05
2018
Williams, In re--CNH Indus. Capital Am. LLC v. Williams
Ruling:
Debt deemed nondischargeable as debtor failed to pay the creditor with proceeds from the unauthorized sale of farming equipment. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on April 05,2018, LexisNexis #0518-041
Mar
02
2018
Hole, In re
Ruling:
Creditors' motion to extend time to file an adversary proceeding was granted as creditors were delayed by the debtor's conduct in not producing critical bank records in state court litigation until four days before the deadline expired. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on March 02,2018, LexisNexis #0418-057
Feb
21
2018
Lane, In re--Dean v. Lane
Ruling:
Bankruptcy court dismissed adversary proceeding as it did not have the authority to liquidateor estimate creditors' personal injury claim. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on February 21,2018, LexisNexis #0418-024
Feb
20
2018
McFarland, In re--Calloway Cleaning & Restoration, Inc. v. McFarland
Ruling:
Debtors were entitled to summary judgment on creditor's claim because of insufficientevidence of debtor's intention not to repay. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on February 20,2018, LexisNexis #0418-013
Dec
21
2017
Johnson, In re--Wheatley v. Johnson
Ruling:
Trustee could avoid debtor's tax refund as it was made within 90 days prior to the filing of debtor's bankruptcy petition. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on December 21,2017, LexisNexis #0118-109
Dec
19
2017
Morris, In re--Ryan v. Morris
Ruling:
Debtors' discharge was denied where debtor committed conversion when he deposited sale proceeds purchased with creditor's money from a joint bank account with his wife and used those funds for personal expenses. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on December 19,2017, LexisNexis #0118-103
Nov
22
2017
Dickson, In re
Ruling:
Debtor sanctioned by the court for filing her petition for the improper purpose of invoking the automatic stay to delay creditors' execution on state court judgment. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on November 22,2017, LexisNexis #1217-120
Oct
16
2017
Lynn, In re
Ruling:
Objection to exemption filed by chapter 7 trustee was overruled as the bankruptcy court lacked authority to deny an exemption claimed in an undisclosed asset on the basis of bad faith. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on October 16,2017, LexisNexis #1117-116
Oct
12
2017
Witham, In re
Ruling:
Debtors awarded damages as creditor willfully violated automatic stay by initiating twopostpetition debits from debtors' bank account. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on October 12,2017, LexisNexis #1117-069
Oct
11
2017
GC London KY Inc., In re--McKinstry v. B&H Contrs., LLC
Ruling:
Court denied defendant's motion upon finding that the post-petition financing was notapproved as required by law and it was likewise not considered as having occiurred in theordinary course of the debtor's business as requried by law. (Bankr. E.D. Ky.)
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Commercial case opionion summary, case decided on October 11,2017, LexisNexis #1117-070
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