9th Circuit

Evans, In re--Heath v. Evans

Ruling: 
Court ruled that trustee could not avoid the prepetition transfer of real properties from debtor to defendant as trustee failed to raise requisite factual questions on his actual and constructive fraud claims. (Bankr. D. Guam)
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Consumer case opionion summary, case decided on August 03,2018, LexisNexis #0918-054

Ameriflex Eng'g LLC

Ruling: 
Court denied confirmation of chapter 11 plan as it did not allow for competing bids. (Bankr. D. Or.)
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Commercial case opionion summary, case decided on July 31,2018, LexisNexis #0918-056

Leeds, In re

Ruling: 
Motion to retroactively annul the automatic stay was denied as trustee breached his fiduciary duty to debtor's bankruptcy estate, service of the motion was insufficient, and the doctrine of unclean hands warranted denial of retroactive relief. (Bankr. D. Nev.)
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Consumer case opionion summary, case decided on August 01,2018, LexisNexis #0918-038

St. Clair, In re

Ruling: 
Telephone service company violated the discharge injunction when it sent the debtors billingstatements while their case was open and after they received a discharge. (Bankr. D. Mont.)
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Consumer case opionion summary, case decided on July 27,2018, LexisNexis #0918-017

Charleston Assocs., LLC, In re

Ruling: 
Conversion of case to chapter 7 was denied as conversion would not produce assets fordistribution. (Bankr. D. Nev.)
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Commercial case opionion summary, case decided on July 24,2018, LexisNexis #0918-024

Judson, In re

Ruling: 
Motion to reopen case to file a reaffirmation agreement denied as reaffirmation agreement must be made before the debtor receives a discharge. (Bankr. C.D. Cal.)
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Consumer case opionion summary, case decided on July 13,2018, LexisNexis #0818-103

Lott, In re

Ruling: 
Debtor's commissions on insurance policy that she sold before she declared bankruptcy were part of her estate as they were earned prepetition and debtor was not required to perform personal services post-petition to receive those commissions. (Bankr. D. Idaho)
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Consumer case opionion summary, case decided on July 19,2018, LexisNexis #0818-105

Fraser's Boiler Serv., In re

Ruling: 
Court approved settlement agreement that involved sale of insurance policies as the funding was essential to making debtor's plan work. (Bankr. W.D. Wash.)
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Commercial case opionion summary, case decided on July 18,2018, LexisNexis #0818-096

Royal, In re

Ruling: 
Confirmation of chapter 13 plan was denied where debtor failed to prove that his vehicle wasacquired predominantly for business use. (Bankr. S.D. Cal.)
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Consumer case opionion summary, case decided on June 11,2018, LexisNexis #0818-023

Wilkins, In re--Wilkins v. Menchaca

Ruling: 
Debtor's request for extension of the deadline to appeal was dismissed as the request wasmade 42 days after entry of the last orders she is seeking to appeal. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on June 28,2018, LexisNexis #0818-028

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