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Germanis, In re

Ruling
Post-confirmation amendment to proof of claim allowed as it did not assert a new cause ofaction or right to payment that did not already exist under the original proof of claim. (Bankr.W.D. Ky.)
Issue(s)
Allowance of Claims or Interests.

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Consumer opinion summary, case decided on June 05, 2020 , LexisNexis #0720-056

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.)
Issue(s)
Judgments; Costs.

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Commercial opinion summary, case decided on April 16, 2020 , LexisNexis #0620-049

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.)
Issue(s)
Discharge; Full-Compliance Discharge.

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Consumer opinion summary, case decided on March 02, 2020 , LexisNexis #0420-049

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.)
Issue(s)
Exemptions.

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Consumer opinion summary, case decided on February 19, 2020 , LexisNexis #0420-011

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.)
Issue(s)
Definitions; “Insider”; Corporation.

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Commercial opinion summary, case decided on January 24, 2020 , LexisNexis #0320-026

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.)
Issue(s)
Powers and Duties of Committees; Selection and Authorization of Employment of

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Commercial opinion summary, case decided on December 17, 2019 , LexisNexis #0120-092

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.)
Issue(s)
Conversion or Dismissal.

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Commercial opinion summary, case decided on September 23, 2019 , LexisNexis #1119-045

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.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on August 26, 2019 , LexisNexis #1019-066

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.)
Issue(s)
Limitations on Avoiding Powers; Statute of Limitations; Later Than Measurement;

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Commercial opinion summary, case decided on May 24, 2019 , LexisNexis #0819-011

Bullitt Utils., In re

Ruling
Debtor was entitled to recover damages for breach of contract and fraudulent transfers byreceiver. (Bankr. W.D. Ky.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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Commercial opinion summary, case decided on April 30, 2019 , LexisNexis #0719-038