- 11 U.S.C.
Jackson, In re--Jackson v. Truist Bank
Sep
29
2022
Ruling
Form 1099-C issued by creditor to debtor did not violate the discharge injunction. (Bankr. W.D.Ky.)
Issue(s)
Effect of Discharge.
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- 11 U.S.C.
Bailey, In re--Bailey v. Bailey
Sep
26
2022
Ruling
Business debt not labeled in divorce decree as a support obligation was not excepted fromdischarge. (Bankr. E.D. Ky.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Domestic Support Obligations.
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HDR Farms Inc., In re--HDR Farms Inc. Liquidating Trust v. Applied Botanics LLC
Aug
31
2022
Ruling
Debtor could seek to recover nominal and punitive damages although it failed to disclosethem in its interrogatory response as the nominal damages were assessed by the court andpunitive damages were requested in the amended complaint. (Bankr. E.D. Ky.)
Issue(s)
Failure to Make Discovery
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HDR Farms Inc., In re--HDR Farms Inc. Liquidating Trust v. Applied Botanics LLC
Aug
30
2022
Ruling
Damages for breach of fiduciary duty denied due to lack of evidence. (Bankr. E.D. Ky.)
Issue(s)
Summary Judgment.
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- 11 U.S.C.
Rosa Mosaic & Tile Co., In re
Aug
11
2022
Ruling
Chapter 11 debtor was entitled to rejection of a collective bargaining agreement as the debtorsufficiently showed that it satisfied the nine requirements for having its motion granted.(Bankr. W.D. Ky.)
Issue(s)
Rejection of Collective Bargaining Agreements.
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Curare Lab'y LLC, In re
Aug
01
2022
Ruling
Holding company and its owner had standing to seek dismissal as they were creditors of thedebtor through the Note and Security Agreement created as part of the debtor’s purchase of80% of an LLC. (Bankr. W.D. Ky.)
Issue(s)
Right to Be Heard; Parties in Interest.
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- 11 U.S.C.
Agrawal, In re
Jun
03
2022
Ruling
Debts not excepted from discharge as debtor entered into the financial transactions with everyintent to honor the terms of the documents. (Bankr. W.D. Ky.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Financial Statement.
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- 11 U.S.C.
Carey, In re--Reece v. Carey
May
23
2022
Ruling
State court damages award, including punitive damages, was nondischargeable as the injuriessuffered by plaintiff in prison beating were the result of the willful and malicious actions ofdebtor. (Bankr. W.D. Ky.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to
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- 11 U.S.C.
Hankins, In re--Hankins v. CKK Props., LLC
May
23
2022
Ruling
Debtor could avoid a pre-petition transfer of real estate as constructively fraudulent as thetransferee gave less than reasonably equivalent value by paying a mortgage arrearage andpromising to make future mortgage payments. (Bankr. E.D. Ky.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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- 11 U.S.C.
Curare Lab. LLC, In re
May
18
2022
Ruling
Disqualifying the law firm due to alleged client conflict was not the appropriate sanction asthe client was new to firm and the representation in question was brief. (Bankr. W.D. Ky.)
Issue(s)
Employment of Professional Persons.
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