Aug
17
2021
Wood, In re--Wheatley v. Wood
Ruling:
Trustee's proposed settlement of proceeding to avoid pre-petition transfers was deniedbecause the trustee failed to meet his burden of proof as to any of the four necessaryelements. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on August 17,2021, LexisNexis #1021-025
Jun
21
2021
Mitchell, In re
Ruling:
Dismissal of Chapter 13 case was granted as it was beyond dispute that debtor's plan was notfeasible and could not be confirmed. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on June 21,2021, LexisNexis #0821-023
Jun
02
2021
Insight Terminal Sols., LLC, In re--Insight Terminal Sols., LLC v. Cecelia Fin. Mgmt.
Ruling:
Court granted the motion to intervene as movant's security interest in the creditor's asset was asubstantial legal interest in the litigation and the movant had a right to enforce, defend, orsettle the claim. (Bankr. W.D. Ky.)
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Commercial case opionion summary, case decided on June 02,2021, LexisNexis #0721-073
May
26
2021
Mosley, In re--Harper v. Mosley
Ruling:
Creditor failed to meet all the elements for nondischargeability as he failed to prove by apreponderance of the evidence that a debtor intended to deceive him. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on May 26,2021, LexisNexis #0721-037
Apr
27
2021
Benfield, In re--United States v. Benfield
Ruling:
Consent judgment pursuant to the False Claims Act was nondischargeable. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on April 27,2021, LexisNexis #0621-036
Apr
23
2021
Hull, In re--Hull v. United States Dep't of Educ.
Ruling:
In dischargeability of certain student loan debts, debtor was denied summary judgment as thedebtor could afford to maintain a minimal standard of living and repay her student loans.(Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on April 23,2021, LexisNexis #0621-013
Mar
18
2021
Hornback, In re
Ruling:
Amended motion for relief from stay was granted in order to allow for completion oflitigation in district court, rather than the bankruptcy court. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on March 18,2021, LexisNexis #0521-003
Jan
19
2021
Epps, In re
Ruling:
Debtor's objection to the creditor's proof of claim was sustained where there was no merit tocreditor's argument that it was not subject to the 120-day time limit as it was not the party torequest relief from stay. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on January 19,2021, LexisNexis #0221-097
Oct
06
2020
Richardson, In re--Richardson v. Richardson
Ruling:
No issue remained whether the debtors' liability for conversion was nondischargeable as theirconduct met the elements of a nondischargeable debt for a willful and malicious injury.(Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on October 06,2020, LexisNexis #1120-88
Jul
30
2020
Rishel, In re--Prof'l Garage Door Sys. v. Rishel
Ruling:
Debt was nondischargeable where debtor failed to show shooting of minor stepson wassubstantially justified. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on July 30,2020, LexisNexis #0920-039
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