- 28 U.S.C.
Oggusa, Inc. v. Southern Tier Hemp, LLC
Mar
16
2021
Ruling
Debtors' state law claims in adversary proceeding were non-core as the claims allowanceprocess was not implicated, nor did they arise in a title 11 or under a title 11 proceeding.(Bankr. E.D. Ky.)
Issue(s)
Procedures.
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Court
:
Cook & Sons Mining, Inc., In re
Oct
19
2020
Ruling
Special counsel was not entitled to a contingent fee on a contract-based reimbursement ofunearned premiums for insurance coverage as his work had nothing to do with a contractbased recovery. (Bankr. E.D. Ky.)
Issue(s)
Employment of Professional Persons; Attorney Employed for Special Purpose.
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Pramod Patel, In re--Ankit Shah v. Pramod Patel
Jul
23
2020
Ruling
Judgment was entered in favor of debtor with respect to construction contractor's claim as thecontractor failed to meet his burden of proof. (Bankr. E.D. Ky.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
:
- 11 U.S.C.
Gencanna Global USA, Inc., In re
Jul
02
2020
Ruling
Attempt by shareholders to change governance of the debtors violated the automatic stay. (Bankr. E.D. Ky.)
Issue(s)
Automatic Stay; Scope.
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Court
:
( Judge Schaaf ) [ Bankruptcy Court ]
- 11 U.S.C.
Pineville Cmty. Hosp. Ass'n, In re
Feb
07
2020
Ruling
Request for an administrative expense claim denied as claimant could not show that the debtfor license fees arose from a transaction with the estate. (Bankr. E.D. Ky.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed; Estate
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Baldwin, In re
Aug
26
2019
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.)
Issue(s)
Automatic Stay; Scope.
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Court
:
- 11 U.S.C.
Cambrian Holding Co., In re--Hazard Coal Corp. v. Am. Res. Corp.
Jul
12
2019
Ruling
Motion for reconsideration seeking alteration of the order approving the sale of debtors' assetswas denied as res judicata barred further consideration of plaintiff's arguments. (Bankr. E.D.Ky.)
Issue(s)
Use, Sale, or Lease of Property.
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Van Pelt, In re
Apr
11
2019
Ruling
Creditor held in contempt for violation of discharge injunction. (Bankr. E.D. Ky.)
Issue(s)
Discharge; Full-Compliance Discharge.
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Court
:
- 11 U.S.C.
Keokuk, In re
Apr
08
2019
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.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim; Valuation In Individual Debtor
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Court
:
- 11 U.S.C.
Howard, In re--Westenhoefer v. Vanderbilt Mortg. & Fin., Inc.
Dec
14
2018
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.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers.
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