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Kentucky

In re Waggoner

The matter was before the court on the trustee's motion to dismiss debtors'case, which stated that debtors were ineligible for bankruptcy relief by reason of 11 U.S.C. § 109(h).
Ruling: 
Debtors'case was dismissed since the debtors did not obtain credit counseling until a day after filing and did not demonstrate circumstances warranting waiver of the prepetition counseling requirement.
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In re Keith

On November 5, 2003, an order of discharge on behalf of debtors was entered. On June 7, 2005, the trustee moved to reopen the case on the grounds that he learned that one debtor had an insurance fraud claim worth approximately $5,000 which was not reported during the course of the bankruptcy case. Debtors filed an amended Schedule B to list the fraud claim and asserted an exemption under Ky. Rev. Stat. Ann. § 427.010(1). The trustee objected.
Ruling: 
Debtor failed to disclose an insurance fraud claim during the debtor's case and claimed a state law exemption after the case was reopened in bad faith.
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United States v. Bastin (In re Bastin)

Plaintiff U.S. government filed an adversary complaint seeking to deny a discharge to defendant debtor pursuant to 11 U.S.C. § 727(a)(3) and (4). The government moved for summary judgment.
Ruling: 
Debtor was denied a discharge for not keeping adequate records, and the denial did not require finding of an intent to defraud.
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Simpson v. Simpson (In re Simpson)

Plaintiff former husband filed an adversary proceeding against defendant debtor, the former wife, to challenge the dischargeability of a debt for a vehicle, pursuant to 11 U.S.C. § 523(a)(15). The obligation for the debt incurred to purchase the vehicle had been assigned to the debtor as part of the prepetition divorce proceeding.
Ruling: 
Deficiency obligation was nondischargeable, and the debtor was ordered to make small payments since the debtor had assumed the debt pursuant to a prepetition divorce and the payments would not materially lower the debtor's standard of living below that of the former husband.
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In re WDS Inc.

The debtor initially filed for relief under chapter 11, and the matter was converted to a chapter 7 proceeding. The debtor filed a motion to alter or amend the court's earlier turnover orders related to attorney's fees, to approve the attorney's application for employment, nunc pro tunc, and the application to employ debtor's attorney for the estate.
Ruling: 
Debtor's motion to alter an order granting turnover to a trustee of the debtor's counsel's retainer and related motions were denied since the counsel had not filed an application for employment and the debtor did not show extraordinary circumstances for why the application was not filed.
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In re Jillians Entmt Holdings Inc.

Creditor landlord filed an application seeking an order requiring the administrator of debtor's chapter 11 plan to pay, as an administrative expense, the amount owed to it under debtor's lease, pursuant to 11 U.S.C. §§ 503(a) and 507(a)(1), The administrator objected to the landlord's application.
Ruling: 
Creditor landlord was granted rents due as an administrative expense.
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Burns v. Shelton (In re Shelton)

Plaintiff chapter 7 trustee sought avoidance of the transfer of property between defendants, debtor and his father, pursuant to 11 U.S.C. § 549(a). The court previously determined that the "earmarking doctrine" did not apply to the transfer. The matter was remanded from the U.S. Court of Appeals for the Sixth Circuit.
Ruling: 
The earmarking doctrine did not apply to a postpetition mortgage transaction, and the mortgage was invalid since a prior transfer of the underlying property was avoided.
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In re Lezdey

The debtors filed petitions for chapter 11 bankruptcy. The creditor filed a motion to dismiss under 11 U.S.C. § 1112.
Ruling: 
Debtors'cases were dismissed since their plans offered illusory promises of payment and were filed to delay the creditor.
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Berman v. Bill Fields Trucking (In re HNRC Dissolution Co.)

Plaintiff liquidating trustee filed preference actions against defendant, one of 38 similarly situated defendants. The trustee filed the preference actions after the statute of limitations had expired. The trustee subsequently moved for voluntary dismissal of the actions, which motion was granted. Defendant moved for sanctions pursuant to Fed. R. Bankr. P. 9011.
Ruling: 
Sanctions were not imposed against trustee who filed preference actions after statute of limitations period but withdrew them before sanctions motion was filed.
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In re Trobaugh

Debtors filed a voluntary petition for relief under chapter 13 of the Code. Debtors later moved to avoid creditor's lien on a mobile home pursuant to 11 U.S.C. § 522(f).
Ruling: 
Debtors were denied motion to avoid a creditor's lien on their mobile home since the lien was consensual.
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