- 11 U.S.C.
M&P Collections, In re
Apr
30
2019
Ruling
Objection to debtors' application to employ a certain firm as counsel was overruled as the firmdid not possess any actual conflict of interest. (Bankr. W.D. Ky.)
Issue(s)
Employment of Professional Persons.
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Court
:
- 11 U.S.C.
In re Sanchez v. Clifford (In re Clifford)
Apr
22
2019
Ruling
Debt was not nondischargeable where debtor did not intend to harm creditor and his actionswere not calculated to scare or intimidate her. (Bankr. D. Md.)HOLDINGS [1]-Debtor breached a "no contact" agreement that obligated him to refrain from harassingcreditor by procuring others to photograph her at restaurants, but his filing of a report with MarylandChild Protective Services and funding the children's father's custody battle was not harassment, as itappeared to be motivated by genuine concern for the children's wellbeing; [2]-Creditor was entitled tonominal damages for breach of contract as well as, under the agreement, attorney's fees incurred toenforce a provision thereof; [3]-Court found in favor of debtor on creditor's IIED claim, as the evidencedid not show that he caused, or intended to cause, her severe distress; [4]-Claim for non-dischargeabilityunder 11 U.S.C. § 523(a)(6) was denied, as the evidence did not show that debtor intended to harmcreditor, and his actions were not calculated to scare or intimidate her.In re Sanchez v. Clifford (In re Clifford), 2019 Bankr. LEXIS 1261 (Bankr. D. Md. April 22, 2019) (Simpson, B.J.).
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to
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Reid, In re
Feb
26
2019
Ruling
Court denied debtors' motion to convert as debtors were ineligible to be chapter 13 debtors asthey were over the unsecured debt limits and merely sought to delay the inevitable at theexpense of their creditors. (Bankr. D. Md.)
Issue(s)
Conversion; Debtor Must Request Conversion to Chapter 12 or 13.
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:
Lane, In re
Sep
04
2018
Ruling
Court granted debtor's motion for sanctions where creditors' actions in filing the secondadversary proceeding on issues that had been previously litigated amounted to frivolouslitigation tactics and constituted abuse of the bankruptcy process. (Bankr. W.D. Ky.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.
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:
Dean v. Lane (Lane)
Aug
22
2018
Ruling
Debtor's motion to dismiss was granted as creditors' complaint seeking to revoke debtors'chapter 13 confirmation failed to state a claim for relief prior to confirmation. (Bankr. W.D.Ky.)
Issue(s)
Revocation of an Order of Confirmation; Confirmation Order Procured by Fraud.
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Court
:
Dean v. Lane (Lane)
Aug
22
2018
Ruling
Debtor's motion to dismiss was granted as creditors' complaint seeking to revoke debtors'chapter 13 confirmation failed to state a claim for relief prior to confirmation. (Bankr. W.D.Ky.)
Issue(s)
Revocation of an Order of Confirmation; Confirmation Order Procured by Fraud.
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Court
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Carmicle, In re--Brown Jordan Int'l, Inc. v. Carmicle
Jul
24
2018
Ruling
District court’s award of punitive damages and attorneys’ fees nondischargeable as actions inviolation of the Stored Communications Act constituted larceny. (Bankr. W.D. Ky.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
:
- 11 U.S.C.
Telesford-Mapp, In re
Jul
19
2018
Ruling
Property sold prior to the petition date was not property of the estate as debtors had nointerest in the property where they failed to exercise their right of redemption during the sixmonthstatutory period. (Bankr. W.D. Ky.)
Issue(s)
Property of the Estate.
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Court
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Clark, In re
Jul
06
2018
Ruling
Court overruled trustee's objection to debtor's amended exemption where he failed to meethis burden of proving that the amended exemption was not properly claimed as there was noevidence of bad faith by debtor or fraudulent intent. (Bankr. W.D. Ky.)
Issue(s)
Exemptions; Types of Exempt Property.
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Beighey, In re
Jun
15
2018
Ruling
Dismissal of chapter 7 bankruptcy case was appropriate where debtors' high incomeprecludes them from rebutting the presumption of abuse. (Bankr. W.D. Ky.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse.
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Court
: