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Hartshorne Holdings, LLC, In re--Hartshorne Mining, LLC v. Carranza

Ruling
Preliminary injunction against the SBA denied as debtors would not suffer irreparable harm without access to Paycheck Protection Program funds, which were not available at the outset of their case. (Bankr. W.D. Ky.)
Issue(s)
Use, Sale, or Lease of Property.

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Court :
Commercial opinion summary, case decided on June 01, 2020 , LexisNexis #0820-034

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.)
Issue(s)
Subordination; Equitable Subordination.

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Consumer opinion summary, case decided on February 27, 2020 , LexisNexis #0420-036

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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on February 12, 2020 , LexisNexis #0320-066

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.)
Issue(s)
Preferences.

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Consumer opinion 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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or

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Consumer opinion summary, case decided on October 01, 2019 , LexisNexis #1219-011

Padgett, In re--Haire v. Padgett

Ruling
Objection to discharge denied for plaintiff's failure to present evidence that debtor engagedin actual fraud. (Bankr. W.D. Ky.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on September 01, 2017 , LexisNexis #1017-012

Isaacs v. DBI-ASG Coinvestor Fund III LLC (In re Isaacs)

Ruling
Creditor's recording of mortgage deed following filing of debtor's petition violated the automatic stay.
Issue(s)
Did creditor violate that automatic stay by recording second mortgage after the petition date?

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Consumer opinion summary, case decided on May 19, 2016 , LexisNexis #0616-039

Cornerstone Indus. Corp. v. Kaufman (In re Kaufman)

Ruling
Fraud judgment in case where jury instructions included the language "willful and malicious injury" was nondischargeable.
Issue(s)
Was state court fraud judgment in case tried to jury nondischargeable?

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Consumer opinion summary, case decided on August 06, 2015 , LexisNexis #0915-050

Sexton v. PHEAA (In re Sexton)

Ruling
Law school loans were nondischargeable as debtors had not minimized expenses and had potential to earn more income.
Issue(s)
Did debtors meet the Brunner test for an undue hardship discharge of student loan debt?

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Consumer opinion summary, case decided on November 24, 2014 , LexisNexis #1214-124

In re Appalachian Fuels LLC

Ruling
State environmental agency was entitled to an administrative expense claim for cost of reclamation of debtor's coal mining operation.
Issue(s)
Was state environmental agency entitled to an administrative expense claim for costs of reclamation of debtor's coal mines?

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Commercial opinion summary, case decided on November 19, 2014 , LexisNexis #1214-082