LexFit, LLC v. Bond St. Fund 20, LLC (LexFit, LLC)
Mar
22
2024
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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Court
:
- 11 U.S.C.
Miles v. Miles
Jan
24
2024
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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Court
:
- 11 U.S.C.
Scherman, In re
May
24
2023
Ruling
There was no fair ground of doubt that the creditor's actions violated the discharge injunction as the creditor lacked an objectively reasonable basis to believe the debt arose post-petition. (Bankr. E.D. Ky.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.
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Court
:
Bailey, In re--Bailey v. Bailey
Dec
21
2022
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
:
- 11 U.S.C.
Bailey, In re--Bailey v. Bailey
Sep
26
2022
Ruling
Business debt not labeled in divorce decree as a support obligation was not excepted fromdischarge. (Bankr. E.D. Ky.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Domestic Support Obligations.
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Court
:
- 11 U.S.C.
Hankins, In re--Hankins v. CKK Props., LLC
May
23
2022
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.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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Court
:
Bennett, In re
Dec
14
2021
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.)
Issue(s)
Modification of Plan After Confirmation; Plans Confirmed Prior to COVID-19
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Court
:
- 11 U.S.C.
Tedesco, In re
Nov
20
2020
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.)
Issue(s)
Confirmation of Plan.
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Court
:
Barksdale, In re
Aug
28
2020
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.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.
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Court
:
Judge or Jurisdiction information not available
Bagsby, In re--Johnston v. Hilderbrand
Apr
27
2020
Ruling
Bankruptcy court properly sanctioned attorney who admitted to filing skeletal petitions onbehalf of a deceased person. (B.A.P. 6th Cir.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of
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Court
:
Judge or Jurisdiction information not available