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western district of kentucky

Padgett, In re--Haire v. Padgett

Ruling
Objection to discharge denied for plaintiff's failure to present evidence that debtor engagedin actual fraud. (Bankr. W.D. Ky.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on September 01, 2017 , LexisNexis #1017-012

Springer, In re--Springer v. RNBJ RTO LLC

Ruling
Furniture rental company found liable for stay violation damages, including punitivedamages, after continuing automatic deductions of rental payments and refusing to refund.(Bankr. W.D. Ky.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on August 16, 2017 , LexisNexis #0917-063

Coslow, In re--Coslow v. Reisz

Ruling
Abandonment of debtor's residence was warranted as the estate had no equity in the residence. (Bankr. W.D. Ky.)
Issue(s)
Abandonment of Property of the Estate; On Request of Party in Interest.

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Consumer opinion summary, case decided on July 28, 2017 , LexisNexis #0917-052

Edwards, In re--Cmty. Fin. Servs. Bank v. Edwards

Ruling
Debtor's husband's debt was nondischargeable where record shows that debtor knew about creditor's lien rights and knew that failure to remit the proceeds would be substantially certain to harm the creditor. (Bankr. W.D. Ky.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.

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Consumer opinion summary, case decided on July 17, 2017 , LexisNexis #0817-103

Morris, In re

Ruling
Debtors were not entitled to homestead exemption as they failed to provide any valuation oftheir interest in their jointly owned property. (Bankr. W.D. Ky.)
Issue(s)
Exemptions; Types of Exempt Property.

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Consumer opinion summary, case decided on July 12, 2017 , LexisNexis #0817-071

Parker, In re--Stroud v. Parker

Ruling
Debt owed to plaintiff deemed nondischargeable as the request for admissions establishedthat debtor committed larceny. (Bankr. W.D. Ky.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or

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Consumer opinion summary, case decided on May 12, 2017 , LexisNexis #0617-071

Buckman, In re

Ruling
Creditor was entitled to stay relief where debtor's initial payment under the plan was inadequately protected due to insufficient funds. (Bankr. W.D. Ky.)
Issue(s)
Automatic Stay; Relief from Stay.

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Consumer opinion summary, case decided on March 09, 2017 , LexisNexis #0417-037

Spearman, In re--Spearman v. Commonwealth Credit Union

Ruling
Credit union's restriction of electronic privileges did not constitute a violation of automatic stay as the action did not equate to an attempt to collect debt. (Bankr. W.D. Ky.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on March 09, 2017 , LexisNexis #0417-035

Perkins, In re

Ruling
Court noted that an award of fees, costs, or charges was dictated by the terms of the loanagreement, while award of interest was not. (Bankr. W.D. Ky.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.

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Consumer opinion summary, case decided on February 01, 2017 , LexisNexis #0317-008

In re Perkins

Ruling
Plan confirmed where debtor met the family farmer requirement and his amended chapter 12plan was feasible. (Bankr. W.D. Ky.)
Issue(s)
Definitions; “Family Farmer”; Individual.

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Consumer opinion summary, case decided on December 22, 2016 , LexisNexis #0117-091