Kentucky

OGGUSA, Inc., In re--Oxford Restructuring Advisors, LLC v. Curtis

Ruling: 
Plan administrator of a debtor's wind-down trust was entitled to a judgment avoiding debtor'spre-petition transfer to defendant farmer. (Bankr. E.D. Ky.)
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Commercial case opionion summary, case decided on December 29,2023, LexisNexis #0224-086

Coal Network, LLC, In re

Ruling: 
Creditor's damages claim was limited to the value of any replacement coal it purchased uponthe debtor's failure to supply coal pursuant to their agreement. (Bankr. E.D. Ky.)
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Commercial case opionion summary, case decided on December 22,2023, LexisNexis #0224-056

Tew, In re--Tew v. ED&F Man Cap. Mkts., Ltd.

Ruling: 
Proceedings under state and law and RICO dismissed as subject matter jurisdiction waslacking. (Bankr. E.D. Ky.)
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Court: ( ) [ Bankruptcy Court ]
Commercial case opionion summary, case decided on November 15,2023, LexisNexis #0124-072

Tew, In re--Tew v. ED&F Man Cap. Mkts., Ltd.

Ruling: 
Proceedings under state and law and RICO dismissed as subject matter jurisdiction waslacking. (Bankr. E.D. Ky.)
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Court: ( ) [ Bankruptcy Court ]
Commercial case opionion summary, case decided on November 15,2023, LexisNexis #0124-072

Hicks, In re

Ruling: 
Debtor was not entitled to a discharge as there was no credible evidence presented that thedebtor's repeated omissions in filings and testimony were the result of a mistake orinadvertence. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on October 24,2023, LexisNexis #1223-092

Oggusa, Inc., In re--GenCanna Acquisition Corp. v. 101 Enters., LLC

Ruling: 
Purchaser of debtor’s 50% interest in LLC at bankruptcy sale did not acquire a member’sgovernance and economic rights based on the terms of the operating agreement. (Bankr. E.D.Ky.)
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Commercial case opionion summary, case decided on August 31,2023, LexisNexis #1023-064

Deweese, In re

Ruling: 
Chapter 11 debtors were allowed to compensate their attorney with unencumbered funds fromone of their solvent companies where no creditors had objected. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on August 08,2023, LexisNexis #1023-004

Scherman, In re

Ruling: 
There was no fair ground of doubt that the creditor's actions violated the discharge injunction as the creditor lacked an objectively reasonable basis to believe the debt arose post-petition. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on May 24,2023, LexisNexis #0723-059

Lampton, In re

Ruling: 
Court saw no reason to award the flat rate fees requested absent explanation. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on February 21,2023, LexisNexis #0423-053

Morgan, In re--Little v. Hatler Morgan Generation Skipping Trust

Ruling: 
Debtor's transfer of his ownership interest in an LLC was a fraudulent transfer as he was no longer a member of the LLC at the time of the transfer. (Bankr. W.D. Ky.)
ABI Membership is required to access the full summary of Morgan, In re--Little v. Hatler Morgan Generation Skipping Trust. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 09,2023, LexisNexis #0423-038

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