Martin, In re
Nov
21
2018
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.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.
ABI Membership is required to access the full summary of Martin, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Keokuk, In re
Nov
20
2018
Ruling
Court denied confirmation of debtor's amended chapter 13 plan where plan was notconfirmable, as debtor’s proposed surrender of the mobile home was not the equivalent of adistribution of the value of the mobile home. (Bankr. E.D. Ky.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders.
ABI Membership is required to access the full summary of Keokuk, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Minix, In re--Stone v. Minix
Aug
01
2018
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.)
Issue(s)
Removal of Claims Related to Bankruptcy Cases; Remand on Equitable Grounds.
ABI Membership is required to access the full summary of Minix, In re--Stone v. Minix Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Caudill, In re
Jul
25
2018
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.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders; Retention of Lien and Distribution of Property.
ABI Membership is required to access the full summary of Caudill, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
HNRC Dissolution Co., In re
Jun
11
2018
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.)
Issue(s)
Use, Sale, or Lease of Property.
ABI Membership is required to access the full summary of HNRC Dissolution Co., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Mercury Data Sys., In re
Jun
08
2018
Ruling
Motion to dismiss and motion to convert denied where involuntary debtor received propernotice of petition and order for relief could not be set aside on this basis. (Bankr. E.D. Ky.)
Issue(s)
Involuntary Cases.
ABI Membership is required to access the full summary of Mercury Data Sys., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Denny, In re
May
22
2018
Ruling
Court granted trustee's motion for sanctions because attorney failed to provide promised services to clients and misrepresented the services he would provide. (Bankr. E.D. Ky.)
Issue(s)
Restrictions on Debtor Relief Agencies; Restricted Actions.
ABI Membership is required to access the full summary of Denny, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
McFarland, In re--Calloway Cleaning & Restoration, Inc. v. McFarland
Feb
20
2018
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
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
Court
:
Dickson, In re
Nov
22
2017
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.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of Papers.
ABI Membership is required to access the full summary of Dickson, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Witham, In re
Oct
12
2017
Ruling
Debtors awarded damages as creditor willfully violated automatic stay by initiating twopostpetition debits from debtors' bank account. (Bankr. E.D. Ky.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.
ABI Membership is required to access the full summary of Witham, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: