Apr
16
2020
Bullitt Utils., Inc., In re--Keats v. Cogan
Ruling:
Prevailing party's requested costs related to depositions and filing fees were recoverable asthey were authorized and the depositions were reasonably necessary. (Bankr. W.D. Ky.)
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Commercial case opionion summary, case decided on April 16,2020, LexisNexis #0620-049
Mar
02
2020
Hrustanovic, In re
Ruling:
No willful violation of discharge injunction where creditor presented debtor with severaloptions to release the lien on his vehicle. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on March 02,2020, LexisNexis #0420-049
Feb
19
2020
Shy, In re
Ruling:
Order avoiding judicial lien set aside where creditor had been given no notice whatsoever thatdebtor had filed a motion to reopen the case for the purpose of avoiding the lien. (Bankr. W.D.Ky.)
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Consumer case opionion summary, case decided on February 19,2020, LexisNexis #0420-011
Jan
24
2020
Bullitt Utils., Inc., In re--Keats v. Cogan
Ruling:
Summary judgment on breach of fiduciary duty claim was granted in favor of creditors asthere had been no credible evidence to establish that they benefitted financially from thedebtor's failure. (Bankr. W.D. Ky.)
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Commercial case opionion summary, case decided on January 24,2020, LexisNexis #0320-026
Dec
17
2019
Glenview Health Care Facility, In re
Ruling:
Application to employ counsel was denied as there was a substantial risk that confidentialfactual information was obtained by counsel in its prior representation of an insider of thedebtor. (Bankr. W.D. Ky.)
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Commercial case opionion summary, case decided on December 17,2019, LexisNexis #0120-092
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
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