Judge Lloyd

Flener v. Monticello Banking Co. (In re Estes)

Plaintiff trustee filed a complaint against defendant bank to avoid the bank's mortgage pursuant to 11 U.S.C.S. § 544. The trustee claimed that because the mortgage was signed by the chapter 7 debtors, but the note was signed on behalf of their company, the bank should have filed a hypothecating mortgage. The bank filed a motion to dismiss.
Ruling: 
Trustee could not avoid mortgage signed by debtors, although note was signed on behalf of debtors' company, due to constructive notice.
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Consumer case opionion summary, case decided on May 13,2010, LexisNexis #0810-024

Bluegrass Stockyards of Campbellsville LLC v. Smith (In re Smith)

Creditor initiated an adversary proceeding against defendant debtor seeking a judgment declaring a debt owed to the creditor by the debtor nondischargeable pursuant to 11 U.S.C.S. § 523(a)(2)(A) and (a)(4).
Ruling: 
Debt incurred when debtor manager purchased cattle for own personal profit using creditor's purchase account without immediately clearing the account was nondischargeable.
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Consumer case opionion summary, case decided on May 10,2010, LexisNexis #0810-011

Burton v. Mouser (In re Burton)

Plaintiffs, chapter 7 debtors, filed a complaint against defendants, a creditor and a county attorney, to recover damages for a violation of the automatic stay, 11 U.S.C.S. § 362, and a willful violation of the discharge injunction under 11 U.S.C.S. § 524. The matter was on remand from the United States District Court for the Western District of Kentucky for trial of the issue of whether the county attorney violated the discharge injunction.
Ruling: 
County attorney's continued prosecution of criminal theft charges violated discharge injunction.
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Consumer case opionion summary, case decided on March 16,2010, LexisNexis #0510-055

In re Resource Energy Techs. LLC

A creditor of a bankruptcy debtor, a limited liability company, brought an action in state court against the debtor and its principal members which was stayed with regard to the debtor when the debtor filed its bankruptcy petition. The debtor moved to hold the creditor in contempt for pursuing discovery from the members in the state action in violation of the automatic bankruptcy stay.
Ruling: 
Creditor did not violate stay by pursuing discovery against members of debtor LLC.
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Commercial case opionion summary, case decided on December 01,2009, LexisNexis #1209-111

Kappell v. Bunch (In re Bunch)

Plaintiff creditors brought an adversary proceeding against defendant bankruptcy debtors seeking denial of the debtors' discharge under 11 U.S.C.S. § 727 based on the debtors' inaccurate records and false statements, and seeking exception of the debt to the creditors from a remodeling project from discharge under 11 U.S.C.S. § 523 based on the debtors' fraud.
Ruling: 
Discharge denied due to debtor's failure to provide business records and failure to disclose assets.
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Consumer case opionion summary, case decided on September 21,2009, LexisNexis #1109-057

In re McKinley

The debtors filed for relief under chapter 13 of the Bankruptcy Code. The debtors filed a motion to avoid a lien asserted on property by the debtor's former wife. Further the debtors objected to a claim asserted by the former wife in the proceedings.
Ruling: 
Lien of debtor's former spouse could be stripped where there was no equity in the subject property.
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Consumer case opionion summary, case decided on June 10,2009, LexisNexis #0709-087

Miller v. A&M Oil Co. (In re Smith Mining & Material LLC)

A debtor filed for relief under chapter 11 of the Bankruptcy Code. Plaintiff, a chapter 11 trustee, filed an action against defendant company, alleging that transfers made to the company were preferential and could be avoided and recovered under 11 U.S.C.S. §§§ 544, 547, 549, and 550. The court issued findings of fact and conclusions of law.
Ruling: 
Pre- and postpetition transfers by debtor to creditor fuel supplier avoided to extent not covered by new value defense.
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Commercial case opionion summary, case decided on May 19,2009, LexisNexis #0709-091

In re Stone

Applicant sought an interim award of $21,450 for attorneys' fees and $ 1,309 for expenses from March 1, 2008 to July 31, 2008. Applicant also sought court approval of fees which had accrued pre-petition through February 29, 2008 in the amount of $ 21,110. Objector, an interested party, submitted written objections in which applicant was claimed to have violated 11 U.S.C.S. § 329, Fed. R. Bankr. P. 2014(a) and Fed. R. Bankr. P. 2016(b).
Ruling: 
Application for interim attorneys' fees and expenses denied due to failure to disclose prepetition retainer and services.
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Consumer case opionion summary, case decided on March 03,2009, LexisNexis #0409-038

In re Elizabethtown Family Care Clinic LLC

Movant creditor, a landlord, sought payment of an administrative expense claim per 11 U.S.C.S. § 503(b)(1)(A) in connection with the estate's post-petition occupation of a medical office leased by debtor tenant from the creditor. The trustee filed an objection to the proof of claim contesting the proper amount thereof. At issue was the date upon which the trustee's obligation under 11 U.S.C.S. § 365(d)(3) began to run.
Ruling: 
Landlord allowed administrative expsense claim for rent incurred after petition date.
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Commercial case opionion summary, case decided on December 18,2008, LexisNexis #0109-077

In re Reid

A debtor filed for relief under chapter 7 of the Bankruptcy Code. A chapter 7 trustee filed an application for compensation, seeking $59,498 in fees and $1,787 in expenses, pursuant to 11 U.S.C.S. § 330. The debtor filed an objection to the application.
Ruling: 
Trustee's fee application approved with only minor reduction as justified by extensive work on behalf of noncooperative debtor.
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Consumer case opionion summary, case decided on November 06,2008, LexisNexis #1208-134

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