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 ]
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
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
Dec
28
2022
HDR Farms Inc., In re--HDR Farms Inc. Liquidating Trust v. Applied Botanics LLC
Ruling:
Defendants were not entitled to sanctions against plaintiff because the record suggested atleast a bare minimum justification for the allegations in the complaint. (Bankr. E.D. Ky.)
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Commercial case opionion summary, case decided on December 28,2022, LexisNexis #0223-098
Dec
21
2022
Bailey, In re--Bailey v. Bailey
Ruling:
Chapter 13 debtor was entitled to summary judgment on ex-wife's claims as the record lackedsufficient evidence to establish the elements of a claim. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on December 21,2022, LexisNexis #0223-081
Sep
26
2022
Bailey, In re--Bailey v. Bailey
Ruling:
Business debt not labeled in divorce decree as a support obligation was not excepted fromdischarge. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on September 26,2022, LexisNexis #1222-011
Aug
30
2022
HDR Farms Inc., In re--HDR Farms Inc. Liquidating Trust v. Applied Botanics LLC
Ruling:
Damages for breach of fiduciary duty denied due to lack of evidence. (Bankr. E.D. Ky.)
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Commercial case opionion summary, case decided on August 30,2022, LexisNexis #1022-069