Western District

Bullitt Utils., Inc., In re--Keats v. Cogan

Ruling: 
Prevailing party's requested costs related to depositions and filing fees were recoverable asthey were authorized and the depositions were reasonably necessary. (Bankr. W.D. Ky.)
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Commercial case opionion summary, case decided on April 16,2020, LexisNexis #0620-049

Hrustanovic, In re

Ruling: 
No willful violation of discharge injunction where creditor presented debtor with severaloptions to release the lien on his vehicle. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on March 02,2020, LexisNexis #0420-049

Lane, In re--Lane v. Dean

Ruling: 
Equitable subordination of creditors' claim was appropriate where creditor continued topursue abusive litigation tactics all while refusing payment. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on February 27,2020, LexisNexis #0420-036

Shy, In re

Ruling: 
Order avoiding judicial lien set aside where creditor had been given no notice whatsoever thatdebtor had filed a motion to reopen the case for the purpose of avoiding the lien. (Bankr. W.D.Ky.)
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Consumer case opionion summary, case decided on February 19,2020, LexisNexis #0420-011

Smith, In re

Ruling: 
Debt excepted from discharge where creditor detrimentally relied on debtor's falserepresentations and sustained damages as a direct result. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on February 12,2020, LexisNexis #0320-066

Bullitt Utils., Inc., In re--Keats v. Cogan

Ruling: 
Summary judgment on breach of fiduciary duty claim was granted in favor of creditors asthere had been no credible evidence to establish that they benefitted financially from thedebtor's failure. (Bankr. W.D. Ky.)
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Commercial case opionion summary, case decided on January 24,2020, LexisNexis #0320-026

Glenview Health Care Facility, In re

Ruling: 
Application to employ counsel was denied as there was a substantial risk that confidentialfactual information was obtained by counsel in its prior representation of an insider of thedebtor. (Bankr. W.D. Ky.)
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Commercial case opionion summary, case decided on December 17,2019, LexisNexis #0120-092

Pierce, In re--Pierce v. Skillsman's Auto Sales

Ruling: 
Preference period transfers were not avoidable pursuant to the de minimis exception. (Bankr.W.D. Ky.)
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Consumer case opionion summary, case decided on October 31,2019, LexisNexis #1219-068

Bowman, In re--Koressel v. Bowman

Ruling: 
Debt was nondischargeable where debtor misappropriated property and his actions weredevious and reflective of an intent to defraud creditor. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on October 01,2019, LexisNexis #1219-011

Insight Terminal Sols., LLC, In re

Ruling: 
Motion to dismiss Chapter 11 bankruptcy was denied where attempts by a secured creditor tolimit debtors' access to the bankruptcy process were against public policy and invalid. (Bankr.W.D. Ky.)
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Commercial case opionion summary, case decided on September 23,2019, LexisNexis #1119-045

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