Dec
29
2023
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
Dec
22
2023
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
Nov
15
2023
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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Commercial case opionion summary, case decided on November 15,2023, LexisNexis #0124-072
Court: ( ) [ Bankruptcy Court ]
Nov
15
2023
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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Commercial case opionion summary, case decided on November 15,2023, LexisNexis #0124-072
Court: ( ) [ Bankruptcy Court ]
Oct
24
2023
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
Aug
31
2023
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
Aug
08
2023
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
May
24
2023
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
Feb
21
2023
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
Feb
09
2023
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.)
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Consumer case opionion summary, case decided on February 09,2023, LexisNexis #0423-038