Sep
23
2019
Insight Terminal Sols., LLC, In re
Ruling:
Motion to dismiss Chapter 11 bankruptcy was denied where attempts by a secured creditor tolimit debtors' access to the bankruptcy process were against public policy and invalid. (Bankr.W.D. Ky.)
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Commercial case opionion summary, case decided on September 23,2019, LexisNexis #1119-045
Aug
26
2019
Floyd, In re
Ruling:
Debtors' discharges were denied for failure to keep adequate records to ascertain theirfinancial condition and failure to schedule or disclose the accounts they established in theirspouses' names. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on August 26,2019, LexisNexis #1019-066
May
24
2019
Chieftain Steel, In re
Ruling:
Motion to vacate default judgment granted where creditor had meritorious defenses totrustee's preference claims which were barred by the statute of limitations. (Bankr. W.D. Ky.)
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Commercial case opionion summary, case decided on May 24,2019, LexisNexis #0819-011
Apr
30
2019
Bullitt Utils., In re
Ruling:
Debtor was entitled to recover damages for breach of contract and fraudulent transfers byreceiver. (Bankr. W.D. Ky.)
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Commercial case opionion summary, case decided on April 30,2019, LexisNexis #0719-038
Apr
30
2019
Conner, In re
Ruling:
Dismissal was not warranted as there had been no showing of bad faith in debtor'sbankruptcy filing. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on April 30,2019, LexisNexis #0719-022
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
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