Jul
19
2018
Telesford-Mapp, In re
Ruling:
Property sold prior to the petition date was not property of the estate as debtors had nointerest in the property where they failed to exercise their right of redemption during the sixmonthstatutory period. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on July 19,2018, LexisNexis #0119-078
Sep
04
2018
Lane, In re
Ruling:
Court granted debtor's motion for sanctions where creditors' actions in filing the secondadversary proceeding on issues that had been previously litigated amounted to frivolouslitigation tactics and constituted abuse of the bankruptcy process. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on September 04,2018, LexisNexis #1018-061
Aug
22
2018
Dean v. Lane (Lane)
Ruling:
Debtor's motion to dismiss was granted as creditors' complaint seeking to revoke debtors'chapter 13 confirmation failed to state a claim for relief prior to confirmation. (Bankr. W.D.Ky.)
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Consumer case opionion summary, case decided on August 22,2018, LexisNexis #1018-025
Aug
22
2018
Dean v. Lane (Lane)
Ruling:
Debtor's motion to dismiss was granted as creditors' complaint seeking to revoke debtors'chapter 13 confirmation failed to state a claim for relief prior to confirmation. (Bankr. W.D.Ky.)
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Consumer case opionion summary, case decided on August 22,2018, LexisNexis #1018-025
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
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