Judge Wise

Tedesco, In re

Ruling: 
Debtors were entitled to confirm their "cure and maintain" plan because the existence of theautomatic stay is not a pre-requisite to confirmation of a Chapter 13 plan. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on November 20,2020, LexisNexis #0121-044

Barksdale, In re

Ruling: 
Court denied motion to reopen case to avoid tax lien wherein reopening the case would befutile and § 522(f) did not permit the avoidance of statutory liens. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on August 28,2020, LexisNexis #1020-005

Bagsby, In re--Johnston v. Hilderbrand

Ruling: 
Bankruptcy court properly sanctioned attorney who admitted to filing skeletal petitions onbehalf of a deceased person. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on April 27,2020, LexisNexis #0620-050

Taulbee, In re

Ruling: 
Court imposed sanctions against debtor’s counsel due to multiple material substantive andprocedural errors and multiple intentional representations.(Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on April 02,2020, LexisNexis #0520-090

Nagel, In re--Nagel v. Ky. Tax Bill Servicing, Inc.

Ruling: 
There is no private right of action for an alleged false proof of claim. (Bankr. E.D. Ky.)
ABI Membership is required to access the full summary of Nagel, In re--Nagel v. Ky. Tax Bill Servicing, Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 21,2020, LexisNexis #0420-001

Carr, In re

Ruling: 
Attorneys’ use of dual contracts for pre- and post-petition work satisfied the Bankruptcy Code.(Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on January 22,2020, LexisNexis #0320-012

Donnadio, In re--Santander Consumer USA Inc. v. Donnadio

Ruling: 
Court erred in confirming debtors' plan as it did not include a nonstandard plan provision thataddressed a creditor's lien retention. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on November 25,2019, LexisNexis #0120-023

Brown, In re

Ruling: 
Co-signed consumer debts may be treated differently notwithstanding an unfairdiscrimination prohibition for separately classified unsecured debts. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on November 15,2019, LexisNexis #1219-095

Bentley, In re

Ruling: 
Creditor did not violate the discharge injunction by not releasing a lien as the creditor'sconduct was not objectively coercive. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on October 02,2019, LexisNexis #1119-092

Prather, In re

Ruling: 
Debtor's bankruptcy case was dismissed as debtor's appeal lacks merit and debtor failed todevelop her argument regarding lack of service of the deficiency notice. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on August 07,2019, LexisNexis #1019-017

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