- 11 U.S.C.
Hartshorne Holdings, LLC, In re--Hartshorne Mining, LLC v. Carranza
Jun
01
2020
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
:
( Judge Fulton ) [ Bankruptcy Court ]
Lane, In re--Lane v. Dean
Feb
27
2020
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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Court
:
- 11 U.S.C.
Smith, In re
Feb
12
2020
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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Court
:
- 11 U.S.C.
Pierce, In re--Pierce v. Skillsman's Auto Sales
Oct
31
2019
Ruling
Preference period transfers were not avoidable pursuant to the de minimis exception. (Bankr.W.D. Ky.)
Issue(s)
Preferences.
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Court
:
- 11 U.S.C.
Bowman, In re--Koressel v. Bowman
Oct
01
2019
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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Court
:
- 11 U.S.C.
Padgett, In re--Haire v. Padgett
Sep
01
2017
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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Court
:
- 11 U.S.C.
Isaacs v. DBI-ASG Coinvestor Fund III LLC (In re Isaacs)
May
19
2016
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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Court
:
- 11 U.S.C.
Cornerstone Indus. Corp. v. Kaufman (In re Kaufman)
Aug
06
2015
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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Court
:
- 11 U.S.C.
Sexton v. PHEAA (In re Sexton)
Nov
24
2014
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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Court
:
- 11 U.S.C.
In re Appalachian Fuels LLC
Nov
19
2014
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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Court
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