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western district of kentucky

Hicks, In re

Ruling
Debtor was not entitled to a discharge as there was no credible evidence presented that thedebtor's repeated omissions in filings and testimony were the result of a mistake orinadvertence. (Bankr. W.D. Ky.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on October 24, 2023 , LexisNexis #1223-092

Deweese, In re

Ruling
Chapter 11 debtors were allowed to compensate their attorney with unencumbered funds fromone of their solvent companies where no creditors had objected. (Bankr. W.D. Ky.)
Issue(s)
Compensation of Officers; Determination of Amount; Compensation Disallowed;

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Consumer opinion summary, case decided on August 08, 2023 , LexisNexis #1023-004

Toms, In re

Ruling
Application of debtor's counsel for interim compensation was granted only to the extent the requested fees met the beneficial, necessary, and reasonable standard. (Bankr. D. Vt.)
Issue(s)
Compensation of Officers.

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Consumer opinion summary, case decided on May 02, 2023 , LexisNexis #0623-080

Lampton, In re

Ruling
Court saw no reason to award the flat rate fees requested absent explanation. (Bankr. W.D. Ky.)
Issue(s)
Compensation of Officers; Determination of Amount; Awards to Trustees, Examiners or Professional Persons.

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Consumer opinion summary, case decided on February 21, 2023 , LexisNexis #0423-053

Morgan, In re--Little v. Hatler Morgan Generation Skipping Trust

Ruling
Debtor's transfer of his ownership interest in an LLC was a fraudulent transfer as he was no longer a member of the LLC at the time of the transfer. (Bankr. W.D. Ky.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Actual Intent to Hinder, Delay, or Defraud.

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Consumer opinion summary, case decided on February 09, 2023 , LexisNexis #0423-038

Greenwell, In re

Ruling
Attorney's inability to secure bankruptcy counsel for the party-in-interest constitutedexcusable neglect. (Bankr. W.D. Ky.)
Issue(s)
Relief From Judgment or Order.

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Consumer opinion summary, case decided on January 27, 2023 , LexisNexis #0323-100

Clardy, In re

Ruling
Creditor's claim for unemployment compensation overpayment was not entitled to prioritystatus. (Bankr. W.D. Ky.)
Issue(s)
Priorities; Order of Priorities; Unsecured Governmental Claims.

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Consumer opinion summary, case decided on December 01, 2022 , LexisNexis #0123-083

Jackson, In re--Jackson v. Truist Bank

Ruling
Form 1099-C issued by creditor to debtor did not violate the discharge injunction. (Bankr. W.D.Ky.)
Issue(s)
Effect of Discharge.

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Consumer opinion summary, case decided on September 29, 2022 , LexisNexis #1122-086

Rosa Mosaic & Tile Co., In re

Ruling
Chapter 11 debtor was entitled to rejection of a collective bargaining agreement as the debtorsufficiently showed that it satisfied the nine requirements for having its motion granted.(Bankr. W.D. Ky.)
Issue(s)
Rejection of Collective Bargaining Agreements.

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Commercial opinion summary, case decided on August 11, 2022 , LexisNexis #1022-037

Curare Lab'y LLC, In re

Ruling
Holding company and its owner had standing to seek dismissal as they were creditors of thedebtor through the Note and Security Agreement created as part of the debtor’s purchase of80% of an LLC. (Bankr. W.D. Ky.)
Issue(s)
Right to Be Heard; Parties in Interest.

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Commercial opinion summary, case decided on August 01, 2022 , LexisNexis #0922-095