Kentucky

Hornback, In re

Ruling: 
Amended motion for relief from stay was granted in order to allow for completion oflitigation in district court, rather than the bankruptcy court. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on March 18,2021, LexisNexis #0521-003

Epps, In re

Ruling: 
Debtor's objection to the creditor's proof of claim was sustained where there was no merit tocreditor's argument that it was not subject to the 120-day time limit as it was not the party torequest relief from stay. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on January 19,2021, LexisNexis #0221-097

Tedesco, In re

Ruling: 
Debtors were entitled to confirm their "cure and maintain" plan because the existence of theautomatic stay is not a pre-requisite to confirmation of a Chapter 13 plan. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on November 20,2020, LexisNexis #0121-044

Cook & Sons Mining, Inc., In re

Ruling: 
Special counsel was not entitled to a contingent fee on a contract-based reimbursement ofunearned premiums for insurance coverage as his work had nothing to do with a contractbased recovery. (Bankr. E.D. Ky.)
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Commercial case opionion summary, case decided on October 19,2020, LexisNexis #1220-003

Richardson, In re--Richardson v. Richardson

Ruling: 
No issue remained whether the debtors' liability for conversion was nondischargeable as theirconduct met the elements of a nondischargeable debt for a willful and malicious injury.(Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on October 06,2020, LexisNexis #1120-88

Rishel, In re--Prof'l Garage Door Sys. v. Rishel

Ruling: 
Debt was nondischargeable where debtor failed to show shooting of minor stepson wassubstantially justified. (Bankr. S.D. Tex.)
ABI Membership is required to access the full summary of Rishel, In re--Prof'l Garage Door Sys. v. Rishel. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 30,2020, LexisNexis #0920-039

Shy, In re

Ruling: 
Debtor's motion to avoid a judgment lien was denied as the court had to consider the fullvalue of the property whether the exemption was encumbered for lien avoidance purposes.(Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on July 23,2020, LexisNexis #0920-008

Germanis, In re

Ruling: 
Post-confirmation amendment to proof of claim allowed as it did not assert a new cause ofaction or right to payment that did not already exist under the original proof of claim. (Bankr.W.D. Ky.)
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Consumer case opionion summary, case decided on June 05,2020, LexisNexis #0720-056

Bullitt Utils., Inc., In re--Keats v. Cogan

Ruling: 
Prevailing party's requested costs related to depositions and filing fees were recoverable asthey were authorized and the depositions were reasonably necessary. (Bankr. W.D. Ky.)
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Commercial case opionion summary, case decided on April 16,2020, LexisNexis #0620-049

Taulbee, In re

Ruling: 
Court imposed sanctions against debtor’s counsel due to multiple material substantive andprocedural errors and multiple intentional representations.(Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on April 02,2020, LexisNexis #0520-090

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