Oggusa, Inc., In re--GenCanna Acquisition Corp. v. 101 Enters., LLC
Aug
31
2023
Ruling
Purchaser of debtor’s 50% interest in LLC at bankruptcy sale did not acquire a member’sgovernance and economic rights based on the terms of the operating agreement. (Bankr. E.D.Ky.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate.
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Court
:
- 11 U.S.C.
Deweese, In re
Aug
08
2023
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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Court
:
- 11 U.S.C.
Scherman, In re
May
24
2023
Ruling
There was no fair ground of doubt that the creditor's actions violated the discharge injunction as the creditor lacked an objectively reasonable basis to believe the debt arose post-petition. (Bankr. E.D. Ky.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.
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Court
:
- 11 U.S.C.
Toms, In re
May
02
2023
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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Court
:
- 11 U.S.C.
Lampton, In re
Feb
21
2023
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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Court
:
- 11 U.S.C.
Morgan, In re--Little v. Hatler Morgan Generation Skipping Trust
Feb
09
2023
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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Court
:
Greenwell, In re
Jan
27
2023
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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Court
:
HDR Farms Inc., In re--HDR Farms Inc. Liquidating Trust v. Applied Botanics LLC
Dec
28
2022
Ruling
Defendants were not entitled to sanctions against plaintiff because the record suggested atleast a bare minimum justification for the allegations in the complaint. (Bankr. E.D. Ky.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of
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Court
:
Bailey, In re--Bailey v. Bailey
Dec
21
2022
Ruling
Chapter 13 debtor was entitled to summary judgment on ex-wife's claims as the record lackedsufficient evidence to establish the elements of a claim. (Bankr. E.D. Ky.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
:
- 11 U.S.C.
Clardy, In re
Dec
01
2022
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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Court
: