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eastern district of kentucky

Van Meter, In re--American Sound & Elecs., Inc. v. Van Meter

Ruling
Debts resulting from willful and malicious injury are subject to discharge when a debtor successfully completes a Chapter 13 plan, unless the debtor seeks a hardship discharge. (Bankr. E.D. Ky.)
Issue(s)
Discharge; Full-Compliance Discharge.

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Commercial opinion summary, case decided on May 23, 2025 , LexisNexis #0725-098

Addington, In re--Business Aircraft Leasing, Inc. v. Ultra Energy Res.

Ruling
Trustee could not transfer governance rights without manager approval, which was not obtained. (Bankr. E.D. Ky.)
Issue(s)
Use, Sale, or Lease of Property; Notice and Hearing; Not in the Ordinary Course of Business.

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Commercial opinion summary, case decided on March 26, 2025 , LexisNexis #0525-081

INMET Mining, LLC, In re--Bluegrass Nat. Res., LLC v. Beckman

Ruling
Adversary proceeding against trustee in a bankruptcy in another district dismissed due toplaintiff’s failure to request permission from the bankruptcy court that appointed the trustee.(Bankr. E.D. Ky.)
Issue(s)
Defenses and Objections -- When and How Presented – By Pleading or Motion --

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Commercial opinion summary, case decided on July 30, 2024 , LexisNexis #1024-074

Mountainside Coal Co., In re

Ruling
Debtors were not entitled to obtain new post-petition credit as the proposed financing was notenough to support debtors through a plan process. (Bankr. E.D. Ky.)
Issue(s)
Conversion or Dismissal.

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Commercial opinion summary, case decided on July 12, 2024 , LexisNexis #0924-042

LexFit, LLC v. Bond St. Fund 20, LLC (LexFit, LLC)

Ruling
Debtor's landlord was entitled to summary judgment for base rent, additional rent, andinterest as rejection of an unexpired lease was a breach of the lease rather than a termination.(Bankr. E.D. Ky.)
Issue(s)
Executory Contracts and Unexpired Leases; When Rejection Constitutes Breach.

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Commercial opinion summary, case decided on March 22, 2024 , LexisNexis #0524-057

Miles v. Miles

Ruling
A creditor failed to prove the debtor's intent to deceive where debtor’s explanations wereundisputed and persuasively refuted the creditor's contention of fraudulent conduct.(Bankr. E.D. Ky.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on January 24, 2024 , LexisNexis #0324-085

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.)
Issue(s)
Preferences.

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Commercial opinion summary, case decided on December 29, 2023 , LexisNexis #0224-086

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.)
Issue(s)
Appeals.

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Court :
Commercial opinion summary, case decided on November 15, 2023 , LexisNexis #0124-072

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.)
Issue(s)
Appeals.

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Court :
Commercial opinion summary, case decided on November 15, 2023 , LexisNexis #0124-072

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.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate.

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Commercial opinion summary, case decided on August 31, 2023 , LexisNexis #1023-064