Eastern District

Denny, In re

Ruling: 
Court granted trustee's motion for sanctions because attorney failed to provide promised services to clients and misrepresented the services he would provide. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on May 22,2018, LexisNexis #0618-106

McFarland, In re--Calloway Cleaning & Restoration, Inc. v. McFarland

Ruling: 
Debtors were entitled to summary judgment on creditor's claim because of insufficientevidence of debtor's intention not to repay. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on February 20,2018, LexisNexis #0418-013

Dickson, In re

Ruling: 
Debtor sanctioned by the court for filing her petition for the improper purpose of invoking the automatic stay to delay creditors' execution on state court judgment. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on November 22,2017, LexisNexis #1217-120

Witham, In re

Ruling: 
Debtors awarded damages as creditor willfully violated automatic stay by initiating twopostpetition debits from debtors' bank account. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on October 12,2017, LexisNexis #1117-069

GC London KY Inc., In re--McKinstry v. B&H Contrs., LLC

Ruling: 
Court denied defendant's motion upon finding that the post-petition financing was notapproved as required by law and it was likewise not considered as having occiurred in theordinary course of the debtor's business as requried by law. (Bankr. E.D. Ky.)
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Commercial case opionion summary, case decided on October 11,2017, LexisNexis #1117-070

Vanwinkle, In re

Ruling: 
Debtor allowed to avoid a judgment lien as it impaired his right to claim an exemption in thatproperty. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on October 04,2017, LexisNexis #1117-046

Feldman v. Riverfront Diet Clinic, Inc. (In re Pearl)

Ruling: 
Case dismissed as the plaintiff failed to prove by a preponderance of evidence that eachrequisite for exceptions to dischage was present. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on September 29,2017, LexisNexis #1117-009

Lexington Hosp. Grp., LLC, In re

Ruling: 
Absence of authority to file a bankruptcy case by a petitioner is cause for dismissal. (Bankr.E.D. Ky.)
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Commercial case opionion summary, case decided on September 15,2017, LexisNexis #1017-085

Melcher, In re

Ruling: 
Chapter 7 case dismissed for abuse because debtor was eligible for chapter 11 and 13 as she was an employee of a stockbroker and not a stockbroker herself. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on September 08,2017, LexisNexis #1017-031

Penick, In re

Ruling: 
Confirmation of debtors' plan was denied as debtors' failed to carry their burden to prove thefeasibility of their plan. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on August 28,2017, LexisNexis #1017-026

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