Apr
23
2021
Hull, In re--Hull v. United States Dep't of Educ.
Ruling:
In dischargeability of certain student loan debts, debtor was denied summary judgment as thedebtor could afford to maintain a minimal standard of living and repay her student loans.(Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on April 23,2021, LexisNexis #0621-013
Mar
16
2021
Oggusa, Inc. v. Southern Tier Hemp, LLC
Ruling:
Debtors' state law claims in adversary proceeding were non-core as the claims allowanceprocess was not implicated, nor did they arise in a title 11 or under a title 11 proceeding.(Bankr. E.D. Ky.)
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Commercial case opionion summary, case decided on March 16,2021, LexisNexis #0521-021
Mar
18
2021
Hornback, In re
Ruling:
Amended motion for relief from stay was granted in order to allow for completion oflitigation in district court, rather than the bankruptcy court. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on March 18,2021, LexisNexis #0521-003
Jan
19
2021
Epps, In re
Ruling:
Debtor's objection to the creditor's proof of claim was sustained where there was no merit tocreditor's argument that it was not subject to the 120-day time limit as it was not the party torequest relief from stay. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on January 19,2021, LexisNexis #0221-097
Nov
20
2020
Tedesco, In re
Ruling:
Debtors were entitled to confirm their "cure and maintain" plan because the existence of theautomatic stay is not a pre-requisite to confirmation of a Chapter 13 plan. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on November 20,2020, LexisNexis #0121-044
Oct
19
2020
Cook & Sons Mining, Inc., In re
Ruling:
Special counsel was not entitled to a contingent fee on a contract-based reimbursement ofunearned premiums for insurance coverage as his work had nothing to do with a contractbased recovery. (Bankr. E.D. Ky.)
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Commercial case opionion summary, case decided on October 19,2020, LexisNexis #1220-003
Oct
06
2020
Richardson, In re--Richardson v. Richardson
Ruling:
No issue remained whether the debtors' liability for conversion was nondischargeable as theirconduct met the elements of a nondischargeable debt for a willful and malicious injury.(Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on October 06,2020, LexisNexis #1120-88
Jul
30
2020
Rishel, In re--Prof'l Garage Door Sys. v. Rishel
Ruling:
Debt was nondischargeable where debtor failed to show shooting of minor stepson wassubstantially justified. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on July 30,2020, LexisNexis #0920-039
Jul
23
2020
Shy, In re
Ruling:
Debtor's motion to avoid a judgment lien was denied as the court had to consider the fullvalue of the property whether the exemption was encumbered for lien avoidance purposes.(Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on July 23,2020, LexisNexis #0920-008
Jun
05
2020
Germanis, In re
Ruling:
Post-confirmation amendment to proof of claim allowed as it did not assert a new cause ofaction or right to payment that did not already exist under the original proof of claim. (Bankr.W.D. Ky.)
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Consumer case opionion summary, case decided on June 05,2020, LexisNexis #0720-056
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