Nov
19
2021
Myers, In re
Ruling:
Debtor's proposed plan confirmed as there was no basis for a finding of bad faith. (Bankr. W.D.Ky.)
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Consumer case opionion summary, case decided on November 19,2021, LexisNexis #0122-050
Oct
05
2021
Baldwin, In re
Ruling:
Factoring of debtor’s attorneys’ fees could not be allowed as it created an inherent conflict ofinterest and lacked adequate disclosure. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on October 05,2021, LexisNexis #1221-016
Aug
17
2021
Wood, In re--Wheatley v. Wood
Ruling:
Trustee's proposed settlement of proceeding to avoid pre-petition transfers was deniedbecause the trustee failed to meet his burden of proof as to any of the four necessaryelements. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on August 17,2021, LexisNexis #1021-025
Jun
21
2021
Mitchell, In re
Ruling:
Dismissal of Chapter 13 case was granted as it was beyond dispute that debtor's plan was notfeasible and could not be confirmed. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on June 21,2021, LexisNexis #0821-023
Jun
02
2021
Insight Terminal Sols., LLC, In re--Insight Terminal Sols., LLC v. Cecelia Fin. Mgmt.
Ruling:
Court granted the motion to intervene as movant's security interest in the creditor's asset was asubstantial legal interest in the litigation and the movant had a right to enforce, defend, orsettle the claim. (Bankr. W.D. Ky.)
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Commercial case opionion summary, case decided on June 02,2021, LexisNexis #0721-073
May
26
2021
Mosley, In re--Harper v. Mosley
Ruling:
Creditor failed to meet all the elements for nondischargeability as he failed to prove by apreponderance of the evidence that a debtor intended to deceive him. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on May 26,2021, LexisNexis #0721-037
May
04
2021
Cambrian Holding Co. v. Alliance Prime Assocs.
Ruling:
Facts alleged in the complaint were accepted as true and allowed a reasonable inference thatdefendants were plausibly liable under the litigating trustee's state and federal fraudulenttransfer claims. (Bankr. E.D. Ky.)
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Commercial case opionion summary, case decided on May 04,2021, LexisNexis #0621-062
Apr
27
2021
Benfield, In re--United States v. Benfield
Ruling:
Consent judgment pursuant to the False Claims Act was nondischargeable. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on April 27,2021, LexisNexis #0621-036
Apr
23
2021
Hull, In re--Hull v. United States Dep't of Educ.
Ruling:
In dischargeability of certain student loan debts, debtor was denied summary judgment as thedebtor could afford to maintain a minimal standard of living and repay her student loans.(Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on April 23,2021, LexisNexis #0621-013
Mar
16
2021
Oggusa, Inc. v. Southern Tier Hemp, LLC
Ruling:
Debtors' state law claims in adversary proceeding were non-core as the claims allowanceprocess was not implicated, nor did they arise in a title 11 or under a title 11 proceeding.(Bankr. E.D. Ky.)
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Commercial case opionion summary, case decided on March 16,2021, LexisNexis #0521-021