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
Jul
23
2020
Shy, In re
Ruling:
Debtor's motion to avoid a judgment lien was denied as the court had to consider the fullvalue of the property whether the exemption was encumbered for lien avoidance purposes.(Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on July 23,2020, LexisNexis #0920-008
Jun
05
2020
Germanis, In re
Ruling:
Post-confirmation amendment to proof of claim allowed as it did not assert a new cause ofaction or right to payment that did not already exist under the original proof of claim. (Bankr.W.D. Ky.)
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Consumer case opionion summary, case decided on June 05,2020, LexisNexis #0720-056
Apr
16
2020
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
Mar
02
2020
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
Feb
27
2020
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
Feb
19
2020
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
Feb
12
2020
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
Jan
24
2020
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
Dec
17
2019
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
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