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Eastern District

Baldwin, In re

Ruling: 
Creditor bank violated the automatic stay when it refused to deliver or allow delivery ofgarnished funds and proceeds to the debtor's estate. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on August 26,2019, LexisNexis #1019-077

Jones, In re

Ruling: 
Creditor's failure to release a judgment lien violated the discharge injunction as it causedother parties to refuse to proceed with the property sale unless debtor agreed to a reducedpurchase price. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on May 28,2019, LexisNexis #0819-009

Dougherty-Kelsay, In re

Ruling: 
Family court's wage garnishment order was permitted regardless of whether the garnishedwages were property of the debtor or her estate.. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on April 23,2019, LexisNexis #0619-083

Van Pelt, In re

Ruling: 
Creditor held in contempt for violation of discharge injunction. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on April 11,2019, LexisNexis #0619-075

Keokuk, In re

Ruling: 
Confirmation of the debtor's second amended Chapter 13 plan was denied as her plan only setthe value of allowed secured claim and did not address the value of property that was used topay that allowed secured claim. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on April 08,2019, LexisNexis #0619-059

Licking River Mining, LLC, In re--Spradlin v. E. Coast Miner, LLC

Ruling: 
Court's disposition of breach of fiduciary duty claim constituted non-final proposed findingsof fact and conclusions of law. (Bankr. E.D. Ky.)
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Commercial case opionion summary, case decided on March 27,2019, LexisNexis #0619-019

Howard, In re--Westenhoefer v. Vanderbilt Mortg. & Fin., Inc.

Ruling: 
Trustee was not entitled to avoid creditor’s lien on debtor's manufactured home as the creditorhad already perfected the lien. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on December 14,2018, LexisNexis #0219-063

Conley, In re--United States Tr. v. Conley

Ruling: 
Action seeking avoidance was subject to dismissal as debtors' purchase and mortgage deeds were still pending recordation. (Bankr. D.P.R.)
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Consumer case opionion summary, case decided on December 14,2018, LexisNexis #0119-098

Conley, In re--United States Tr. v. Conley

Ruling: 
Motion to dismiss complaint objecting to discharge was granted as the debtors likely did not act with the fraudulent intent required for the court to deny their discharge. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on December 14,2018, LexisNexis #0119-099

Miller, In re

Ruling: 
Debt was dichargeable where creditor failed to establish that debtors caused a willful andmalicious injury to assignee and assignee did not identify any specific response to discoverydemands. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on December 10,2018, LexisNexis #0119-076

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