Dec
14
2018
Howard, In re--Westenhoefer v. Vanderbilt Mortg. & Fin., Inc.
Ruling:
Trustee was not entitled to avoid creditor’s lien on debtor's manufactured home as the creditorhad already perfected the lien. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on December 14,2018, LexisNexis #0219-063
Dec
14
2018
Conley, In re--United States Tr. v. Conley
Ruling:
Action seeking avoidance was subject to dismissal as debtors' purchase and mortgage deeds were still pending recordation. (Bankr. D.P.R.)
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Consumer case opionion summary, case decided on December 14,2018, LexisNexis #0119-098
Dec
14
2018
Conley, In re--United States Tr. v. Conley
Ruling:
Motion to dismiss complaint objecting to discharge was granted as the debtors likely did not act with the fraudulent intent required for the court to deny their discharge. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on December 14,2018, LexisNexis #0119-099
Dec
10
2018
Miller, In re
Ruling:
Debt was dichargeable where creditor failed to establish that debtors caused a willful andmalicious injury to assignee and assignee did not identify any specific response to discoverydemands. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on December 10,2018, LexisNexis #0119-076
Jul
19
2018
Telesford-Mapp, In re
Ruling:
Property sold prior to the petition date was not property of the estate as debtors had nointerest in the property where they failed to exercise their right of redemption during the sixmonthstatutory period. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on July 19,2018, LexisNexis #0119-078
Nov
21
2018
Tingle, In re--Farm Credit Mid-Am., PCA v. Tingle
Ruling:
Creditor was granted summary judgment on its request to deny a discharge as debtors failedto keep or preserve records and explain the loss of assets. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on November 21,2018, LexisNexis #0119-022
Nov
20
2018
Keokuk, In re
Ruling:
Court denied confirmation of debtor's amended chapter 13 plan where plan was notconfirmable, as debtor’s proposed surrender of the mobile home was not the equivalent of adistribution of the value of the mobile home. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on November 20,2018, LexisNexis #0119-026
Nov
21
2018
Martin, In re
Ruling:
Motion to dismiss debtor's case for lack of good faith was denied as evidence did not supportthat debtors were attempting to hide income or assets. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on November 21,2018, LexisNexis #0119-021
Sep
04
2018
Lane, In re
Ruling:
Court granted debtor's motion for sanctions where creditors' actions in filing the secondadversary proceeding on issues that had been previously litigated amounted to frivolouslitigation tactics and constituted abuse of the bankruptcy process. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on September 04,2018, LexisNexis #1018-061
Aug
22
2018
Dean v. Lane (Lane)
Ruling:
Debtor's motion to dismiss was granted as creditors' complaint seeking to revoke debtors'chapter 13 confirmation failed to state a claim for relief prior to confirmation. (Bankr. W.D.Ky.)
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Consumer case opionion summary, case decided on August 22,2018, LexisNexis #1018-025
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