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Judge Wise

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.)
ABI Membership is required to access the full summary of Licking River Mining, LLC, In re--Spradlin v. E. Coast Miner, LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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

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

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