Feb
14
2022
Cimba, In re--Frankenberger v. Cimba
Ruling:
Claim that debtor was liable for a new line of credit failed where there was no writtendocumentation that the debtor was a signatory on the new loan or a guarantor on the debt.(Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on February 14,2022, LexisNexis #0422-001
Jan
28
2022
Cambrian Holding Co., In re--Kennedy v. Campbell
Ruling:
Liquidating trustee was entitled to summary judgment on its action to avoid a transfer made toa decedent's estate as the transfer was made within the 90 days preceding the debtor's petitiondate. (Bankr. E.D. Ky.)
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Commercial case opionion summary, case decided on January 28,2022, LexisNexis #0322-065
Jan
10
2022
Richards, In re
Ruling:
Homestead exemption did not apply to proceeds from pre-petition sale. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on January 10,2022, LexisNexis #0222-084
Dec
14
2021
Bennett, In re
Ruling:
Chapter 13 debtors who previously experienced financial hardship due to COVID-19 couldmodify their plan although their financial hardship was not related to the pandemic. (Bankr.E.D. Ky.)
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Consumer case opionion summary, case decided on December 14,2021, LexisNexis #0222-043
Nov
19
2021
Myers, In re
Ruling:
Debtor's proposed plan confirmed as there was no basis for a finding of bad faith. (Bankr. W.D.Ky.)
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Consumer case opionion summary, case decided on November 19,2021, LexisNexis #0122-050
Oct
05
2021
Baldwin, In re
Ruling:
Factoring of debtor’s attorneys’ fees could not be allowed as it created an inherent conflict ofinterest and lacked adequate disclosure. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on October 05,2021, LexisNexis #1221-016
Aug
17
2021
Wood, In re--Wheatley v. Wood
Ruling:
Trustee's proposed settlement of proceeding to avoid pre-petition transfers was deniedbecause the trustee failed to meet his burden of proof as to any of the four necessaryelements. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on August 17,2021, LexisNexis #1021-025
Jun
21
2021
Mitchell, In re
Ruling:
Dismissal of Chapter 13 case was granted as it was beyond dispute that debtor's plan was notfeasible and could not be confirmed. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on June 21,2021, LexisNexis #0821-023
Jun
02
2021
Insight Terminal Sols., LLC, In re--Insight Terminal Sols., LLC v. Cecelia Fin. Mgmt.
Ruling:
Court granted the motion to intervene as movant's security interest in the creditor's asset was asubstantial legal interest in the litigation and the movant had a right to enforce, defend, orsettle the claim. (Bankr. W.D. Ky.)
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Commercial case opionion summary, case decided on June 02,2021, LexisNexis #0721-073
May
26
2021
Mosley, In re--Harper v. Mosley
Ruling:
Creditor failed to meet all the elements for nondischargeability as he failed to prove by apreponderance of the evidence that a debtor intended to deceive him. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on May 26,2021, LexisNexis #0721-037
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