Sep
21
2020
Short, In re
Ruling:
Debtor could avoid pre-petition interest on wholly unsecured mortgage attached to formerspouse’s interest in property. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on September 21,2020, LexisNexis #1120-004
Sep
04
2020
Hopedale Mining LLC, In re
Ruling:
Asset sale agreements approved as they were entered into by the debtors and each of thebuyers in good faith and each buyer was entitled to all the protections provided to a goodfaith purchaser. (Bankr. S.D. Ohio)
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Commercial case opionion summary, case decided on September 04,2020, LexisNexis #1020-077
Sep
01
2020
Hopedale Mining LLC, In re
Ruling:
Objecting utilities were entitled to additional assurance of payment because they wereentitled to protection from unreasonable risk of nonpayment. (Bankr. S.D. Ohio)
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Commercial case opionion summary, case decided on September 01,2020, LexisNexis #1020-078
Aug
04
2020
GYPC, Inc., In re--Harker v. Cummings
Ruling:
Trustee sufficiently pled insolvency where the allegations raised the specter that debtor mighthave been insolvent both before and after a merger and that debtor merged with an apparentlywholly-owned insolvent subsidiary. (Bankr. S.D. Ohio)
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Commercial case opionion summary, case decided on August 04,2020, LexisNexis #1020-062
Aug
04
2020
Gypc, Inc., In re--Harker v. Cummings
Ruling:
Court did not grant summary judgment as the motions did not present contested issues of fact.(Bankr. S.D. Ohio)
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Commercial case opionion summary, case decided on August 04,2020, LexisNexis #1020-073
Aug
08
2020
Murray Metallurgical Coal Holdings, LLC, In re
Ruling:
Creditor could not elect to treat its claim as fully secured where collateral was being soldunder the plan and forfeited any right it had to credit bid on the collateral alone when itconsented to the bidding procedures. (Bankr. S.D. Ohio)
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Commercial case opionion summary, case decided on August 08,2020, LexisNexis #0920-068
Jul
15
2020
Roberts, In re
Ruling:
Application for approval of a special counsel's appointment nunc pro tunc denied as theapplication failed to comply with the first of the Carter requirements. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on July 15,2020, LexisNexis #0920-002
May
15
2020
Sprout, In re--Sprout v. IRS
Ruling:
IRS motion to dismiss proceeding for declaratory judgment that tax debt had been paid and/ordischarged denied. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on May 15,2020, LexisNexis #0720-011
Apr
23
2020
GYPC, Inc., In re--GYPC, Inc. v. Cummings
Ruling:
Court found no need for the attorney to testify about the authority issue as he could not beboth a witness and an advocate. (Bankr. S.D. Ohio)
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Commercial case opionion summary, case decided on April 23,2020, LexisNexis #0620-077
Apr
01
2020
Cline, In re--Helber v. Cline
Ruling:
Chapter 7 trustee's motion to compel turnover of proceeds from debtors' pre-petition sale oftheir residence was denied as trustee failed to make a timely objection to the exemptionclaimed by debtors. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on April 01,2020, LexisNexis #0520-082
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