Kentucky

Mitchell, In re

Ruling: 
Dismissal of Chapter 13 case was granted as it was beyond dispute that debtor's plan was notfeasible and could not be confirmed. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on June 21,2021, LexisNexis #0821-023

Insight Terminal Sols., LLC, In re--Insight Terminal Sols., LLC v. Cecelia Fin. Mgmt.

Ruling: 
Court granted the motion to intervene as movant's security interest in the creditor's asset was asubstantial legal interest in the litigation and the movant had a right to enforce, defend, orsettle the claim. (Bankr. W.D. Ky.)
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Commercial case opionion summary, case decided on June 02,2021, LexisNexis #0721-073

Mosley, In re--Harper v. Mosley

Ruling: 
Creditor failed to meet all the elements for nondischargeability as he failed to prove by apreponderance of the evidence that a debtor intended to deceive him. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on May 26,2021, LexisNexis #0721-037

Cambrian Holding Co. v. Alliance Prime Assocs.

Ruling: 
Facts alleged in the complaint were accepted as true and allowed a reasonable inference thatdefendants were plausibly liable under the litigating trustee's state and federal fraudulenttransfer claims. (Bankr. E.D. Ky.)
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Commercial case opionion summary, case decided on May 04,2021, LexisNexis #0621-062

Benfield, In re--United States v. Benfield

Ruling: 
Consent judgment pursuant to the False Claims Act was nondischargeable. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on April 27,2021, LexisNexis #0621-036

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

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

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

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

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

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