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Cimba, In re--Frankenberger v. Cimba

Feb
14
2022
Ruling
Claim that debtor was liable for a new line of credit failed where there was no writtendocumentation that the debtor was a signatory on the new loan or a guarantor on the debt.(Bankr. W.D. Ky.)
Issue(s)
Definitions; “Creditor”.

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Consumer opinion summary, case decided on February 14, 2022 , LexisNexis #0422-001
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Baldwin, In re

Oct
05
2021
Ruling
Factoring of debtor’s attorneys’ fees could not be allowed as it created an inherent conflict ofinterest and lacked adequate disclosure. (Bankr. W.D. Ky.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial

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Consumer opinion summary, case decided on October 05, 2021 , LexisNexis #1221-016
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Mitchell, In re

Jun
21
2021
Ruling
Dismissal of Chapter 13 case was granted as it was beyond dispute that debtor's plan was notfeasible and could not be confirmed. (Bankr. W.D. Ky.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Plan Proposed in Good Faith.

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Consumer opinion summary, case decided on June 21, 2021 , LexisNexis #0821-023
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Insight Terminal Sols., LLC, In re--Insight Terminal Sols., LLC v. Cecelia Fin. Mgmt.

Jun
02
2021
Ruling
Court granted the motion to intervene as movant's security interest in the creditor's asset was asubstantial legal interest in the litigation and the movant had a right to enforce, defend, orsettle the claim. (Bankr. W.D. Ky.)
Issue(s)
Intervention.

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Commercial opinion summary, case decided on June 02, 2021 , LexisNexis #0721-073
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Benfield, In re--United States v. Benfield

Apr
27
2021
Ruling
Consent judgment pursuant to the False Claims Act was nondischargeable. (Bankr. W.D. Ky.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on April 27, 2021 , LexisNexis #0621-036
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Hornback, In re

Mar
18
2021
Ruling
Amended motion for relief from stay was granted in order to allow for completion oflitigation in district court, rather than the bankruptcy court. (Bankr. W.D. Ky.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Consumer opinion summary, case decided on March 18, 2021 , LexisNexis #0521-003
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Epps, In re

Jan
19
2021
Ruling
Debtor's objection to the creditor's proof of claim was sustained where there was no merit tocreditor's argument that it was not subject to the 120-day time limit as it was not the party torequest relief from stay. (Bankr. W.D. Ky.)
Issue(s)
Proof of Claim.

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Consumer opinion summary, case decided on January 19, 2021 , LexisNexis #0221-097
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Richardson, In re--Richardson v. Richardson

Oct
06
2020
Ruling
No issue remained whether the debtors' liability for conversion was nondischargeable as theirconduct met the elements of a nondischargeable debt for a willful and malicious injury.(Bankr. W.D. Ky.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on October 06, 2020 , LexisNexis #1120-88
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Shy, In re

Jul
23
2020
Ruling
Debtor's motion to avoid a judgment lien was denied as the court had to consider the fullvalue of the property whether the exemption was encumbered for lien avoidance purposes.(Bankr. W.D. Ky.)
Issue(s)
Exemptions; Liens Impairing Exempt Property; Avoidance; Judicial Liens.

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Consumer opinion summary, case decided on July 23, 2020 , LexisNexis #0920-008
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Duvall, In re

Jun
10
2020
Ruling
Counsel for Chapter 12 debtors granted interim compensation and reimbursements. (Bankr. W.D. Ky.)
Issue(s)
Compensation of Officers.

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Court :
( Judge Lloyd ) [ Bankruptcy Court ]
Consumer opinion summary, case decided on June 10, 2020 , LexisNexis #0720-076
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