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western district of kentucky

In re Parrish

Ruling
Inadvertent stay violation did not eliminate creditor’s right to setoff. (Bankr. W.D. Ky.)
Issue(s)
Setoff.

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Consumer opinion summary, case decided on November 16, 2016 , LexisNexis #1216-050

In re Lockhart

Ruling
Confirmation denied due to debtor’s inability to pay maintenance payments and arrearageowed to former spouse. (Bankr. W.D. Ky.)
Issue(s)
Confirmation of Plan.

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Consumer opinion summary, case decided on October 28, 2016 , LexisNexis #1116-133

Cardwell v. Hester (In re Hester)

Ruling
Debt based on misrepresentations made to obtain a loan and on theft from a safe in creditor’spawn shop were nondischargeable. (Bankr. W.D. Ky.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on October 07, 2016 , LexisNexis #1116-017

Federal Ins. Co. v. Woods (In re Woods)

Ruling
Claim of insurer as subrogee of debtor’s employer was nondischargeable as based on willfuland malicious fraudulent acts. (Bankr. W.D. Ky.)
Issue(s)
Was subrogee of debtor’s employer entitled to a nondischargeable judgment based on debtor’s alleged fraud and embezzlement?

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Consumer opinion summary, case decided on September 16, 2016 , LexisNexis #1016-048

In re Bullitt Utils., Inc.

Ruling
Debtor’s claim for surcharge against state commission was property of the estate and could bepursued by trustee. (Bankr. W.D. Ky.)
Issue(s)
Was debtor’s right to receive a rate surcharge property of the estate?

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Commercial opinion summary, case decided on September 01, 2016 , LexisNexis #0916-123

In re Bullitt Utils., Inc.

Ruling
Trustee could employ special counsel that had previously represented unsecured creditors.(Bankr. W.D. Ky.)
Issue(s)
Could trustee employ special counsel that had represented unsecured creditors in the past?

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Commercial opinion summary, case decided on July 21, 2016 , LexisNexis #1016-038

Isaacs v. DBI-ASG Coinvestor Fund III LLC (In re Isaacs)

Ruling
Creditor's recording of mortgage deed following filing of debtor's petition violated the automatic stay.
Issue(s)
Did creditor violate that automatic stay by recording second mortgage after the petition date?

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Consumer opinion summary, case decided on May 19, 2016 , LexisNexis #0616-039

In re Rowe

Ruling
Reconsideration of order for discharge entered after debtor reopened case granted.
Issue(s)
Should debtor's discharge, entered after debtor reopened the case following a default dismissal, and after debtor filed a financial management certificate, be set aside on reconsideration?

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Consumer opinion summary, case decided on April 26, 2016 , LexisNexis #0516-093

In re Williams

Ruling
Debtors who were no longer actively farming were allowed to liquidate their family farming operation under chapter 12.
Issue(s)
Should case be dismissed on the grounds that the debtors are not eligible under chapter 12?

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Consumer opinion summary, case decided on April 22, 2016 , LexisNexis #0516-096

In re Gay

Ruling
Creditor's motion for examination of bank and production of documents relating to debtor's non-party business granted.
Issue(s)
Should creditor's motion for examination of bank and for production of documents relating to debtor and debtor's non-debtor business be granted?

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Consumer opinion summary, case decided on April 22, 2016 , LexisNexis #0516-100