Judge Wise

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

Pasley, In re--Pasley v. Keats

Ruling: 
Debtor lacked standing to the order for sale of real estate owned by his LLC. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on August 06,2019, LexisNexis #1019-008

Jones, In re

Ruling: 
Creditor's failure to release a judgment lien violated the discharge injunction as it causedother parties to refuse to proceed with the property sale unless debtor agreed to a reducedpurchase price. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on May 28,2019, LexisNexis #0819-009

Dougherty-Kelsay, In re

Ruling: 
Family court's wage garnishment order was permitted regardless of whether the garnishedwages were property of the debtor or her estate.. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on April 23,2019, LexisNexis #0619-083

Licking River Mining, LLC, In re--Spradlin v. E. Coast Miner, LLC

Ruling: 
Court's disposition of breach of fiduciary duty claim constituted non-final proposed findingsof fact and conclusions of law. (Bankr. E.D. Ky.)
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Commercial case opionion summary, case decided on March 27,2019, LexisNexis #0619-019

U.S. Tommy, Inc., In re

Ruling: 
Court did not abuse its discretion in dismissing Chapter 11 case due to debtor's failure tomake progress towards reorganization. (B.A.P. 6th Cir.)
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Commercial case opionion summary, case decided on March 22,2019, LexisNexis #0519-071

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

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