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Judge Wise

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

Martin, In re

Ruling: 
Motion to dismiss debtor's case for lack of good faith was denied as evidence did not supportthat debtors were attempting to hide income or assets. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on November 21,2018, LexisNexis #0119-021

Minix, In re--Stone v. Minix

Ruling: 
Unlawful detainer action remanded to the state court as there was no connection between the removed state court action and the bankruptcy case. (Bankr. C.D. Cal.)
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Consumer case opionion summary, case decided on August 01,2018, LexisNexis #0918-059

Caudill, In re

Ruling: 
Court held that debtors' home was worth $49,600 and that creditor's expert opinion as to thedimensions of the property for purposes of finding the appropriate value under § 506(a) wasconsistent and credible. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on July 25,2018, LexisNexis #0918-026

HNRC Dissolution Co., In re

Ruling: 
Enforcement motion denied where purchaser failed to meet its burden of showing that theparty asserting an interest was an unknown party such that notice by publication wassufficient to satisfy constitutional due process. (Bankr. E.D. Ky.)
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Commercial case opionion summary, case decided on June 11,2018, LexisNexis #0718-066

McFarland, In re--Calloway Cleaning & Restoration, Inc. v. McFarland

Ruling: 
Debtors were entitled to summary judgment on creditor's claim because of insufficientevidence of debtor's intention not to repay. (Bankr. E.D. Ky.)
ABI Membership is required to access the full summary of McFarland, In re--Calloway Cleaning & Restoration, Inc. v. McFarland. 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 20,2018, LexisNexis #0418-013

Dickson, In re

Ruling: 
Debtor sanctioned by the court for filing her petition for the improper purpose of invoking the automatic stay to delay creditors' execution on state court judgment. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on November 22,2017, LexisNexis #1217-120

Witham, In re

Ruling: 
Debtors awarded damages as creditor willfully violated automatic stay by initiating twopostpetition debits from debtors' bank account. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on October 12,2017, LexisNexis #1117-069

Feldman v. Riverfront Diet Clinic, Inc. (In re Pearl)

Ruling: 
Case dismissed as the plaintiff failed to prove by a preponderance of evidence that eachrequisite for exceptions to dischage was present. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on September 29,2017, LexisNexis #1117-009

Melcher, In re

Ruling: 
Chapter 7 case dismissed for abuse because debtor was eligible for chapter 11 and 13 as she was an employee of a stockbroker and not a stockbroker herself. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on September 08,2017, LexisNexis #1017-031

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