Jul
24
2018
Carmicle, In re--Brown Jordan Int'l, Inc. v. Carmicle
Ruling:
District court’s award of punitive damages and attorneys’ fees nondischargeable as actions inviolation of the Stored Communications Act constituted larceny. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on July 24,2018, LexisNexis #0918-009
Jul
06
2018
Clark, In re
Ruling:
Court overruled trustee's objection to debtor's amended exemption where he failed to meethis burden of proving that the amended exemption was not properly claimed as there was noevidence of bad faith by debtor or fraudulent intent. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on July 06,2018, LexisNexis #0818-067
Jun
15
2018
Beighey, In re
Ruling:
Dismissal of chapter 7 bankruptcy case was appropriate where debtors' high incomeprecludes them from rebutting the presumption of abuse. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on June 15,2018, LexisNexis #0718-079
Jun
12
2018
Young, In re
Ruling:
Court granted creditor's motion in part where he had a contract to purchase the property withthe debtor but received no notice of the bankrupty prior to the bar date. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on June 12,2018, LexisNexis #0718-067
May
18
2018
Thornton, In re
Ruling:
Law firm's amended application for permission to represent debtors was denied in part wherethey violated 11 U.S.C. § 329 for failing to disclose payments they received from a companyowned by debtors' daughter. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on May 18,2018, LexisNexis #0618-063
May
10
2018
Parrish v. Lincoln Nat'l Bank
Ruling:
Debtor did not have standing to bring a preference action without first seeking an orderauthorizing the filing of the complaint. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on May 10,2018, LexisNexis #0618-052
May
02
2018
Lane, In re
Ruling:
Creditors' motion for production of taxes and documents was denied as the request served nopurpose other than to harass debtor. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on May 02,2018, LexisNexis #0618-006
Apr
05
2018
Williams, In re--CNH Indus. Capital Am. LLC v. Williams
Ruling:
Debt deemed nondischargeable as debtor failed to pay the creditor with proceeds from the unauthorized sale of farming equipment. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on April 05,2018, LexisNexis #0518-041
Mar
02
2018
Hole, In re
Ruling:
Creditors' motion to extend time to file an adversary proceeding was granted as creditors were delayed by the debtor's conduct in not producing critical bank records in state court litigation until four days before the deadline expired. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on March 02,2018, LexisNexis #0418-057
Feb
21
2018
Lane, In re--Dean v. Lane
Ruling:
Bankruptcy court dismissed adversary proceeding as it did not have the authority to liquidateor estimate creditors' personal injury claim. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on February 21,2018, LexisNexis #0418-024
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