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
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
Aug
01
2018
Minix, In re--Stone v. Minix
Ruling:
Unlawful detainer action remanded to the state court as there was no connection between the removed state court action and the bankruptcy case. (Bankr. C.D. Cal.)
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Consumer case opionion summary, case decided on August 01,2018, LexisNexis #0918-059
Jul
25
2018
Caudill, In re
Ruling:
Court held that debtors' home was worth $49,600 and that creditor's expert opinion as to thedimensions of the property for purposes of finding the appropriate value under § 506(a) wasconsistent and credible. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on July 25,2018, LexisNexis #0918-026
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