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
Aug
31
2022
HDR Farms Inc., In re--HDR Farms Inc. Liquidating Trust v. Applied Botanics LLC
Ruling:
Debtor could seek to recover nominal and punitive damages although it failed to disclosethem in its interrogatory response as the nominal damages were assessed by the court andpunitive damages were requested in the amended complaint. (Bankr. E.D. Ky.)
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Commercial case opionion summary, case decided on August 31,2022, LexisNexis #1022-068
May
23
2022
Hankins, In re--Hankins v. CKK Props., LLC
Ruling:
Debtor could avoid a pre-petition transfer of real estate as constructively fraudulent as thetransferee gave less than reasonably equivalent value by paying a mortgage arrearage andpromising to make future mortgage payments. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on May 23,2022, LexisNexis #0722-066
Mar
31
2022
Oggusa, Inc. v. Louisville Dryer Co.
Ruling:
Creditor's proof of claim was disallowed as the final progress payment under the parties'agreement was not yet due and creditor had conceded that a fair result based on commonsense precluded allowance of its claim. (Bankr. E.D. Ky.)
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Commercial case opionion summary, case decided on March 31,2022, LexisNexis #0522-080
Jan
28
2022
Cambrian Holding Co., In re--Kennedy v. Campbell
Ruling:
Liquidating trustee was entitled to summary judgment on its action to avoid a transfer made toa decedent's estate as the transfer was made within the 90 days preceding the debtor's petitiondate. (Bankr. E.D. Ky.)
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Commercial case opionion summary, case decided on January 28,2022, LexisNexis #0322-065
Dec
14
2021
Bennett, In re
Ruling:
Chapter 13 debtors who previously experienced financial hardship due to COVID-19 couldmodify their plan although their financial hardship was not related to the pandemic. (Bankr.E.D. Ky.)
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Consumer case opionion summary, case decided on December 14,2021, LexisNexis #0222-043
May
04
2021
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
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