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Nabong, In re--Nabong v. Zavacky

Ruling
Debt was dischargeable where creditor failed to establish that debtor made a falserepresentation or acted with fraudulent intent. (Bankr. D. Alaska)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on December 30, 2019 , LexisNexis #0220-040

Blas, In re

Ruling
Creditor bank was granted relief from the automatic stay as the debtor acted in contraventionof the settlement agreement. (Bankr. D. Alaska)
Issue(s)
Automatic Stay; Relief from Stay.

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Consumer opinion summary, case decided on December 17, 2019 , LexisNexis #0120-080

Harms, In re--Harms v. Bank of N.Y. Mellon

Ruling
Relief from stay order permitted lender to pursue unlawful detainer proceedings to recoverpossession of debtor's property. (B.A.P. 9th Cir.)
Issue(s)
Automatic Stay.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on July 09, 2019 , LexisNexis #0919-028

Pena, In re

Ruling
Court affirmed bankruptcy court's order denying debtor's application seeking to recoverunclaimed funds where the unclaimed funds remain property of the bankruptcy estate. (B.A.P.9th Cir.)
Issue(s)
Abandonment of Property of the Estate; By Trustee.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on May 21, 2019 , LexisNexis #0819-042

Giroux, In re

Ruling
Claim disallowed as the creditors were transferees of an avoidable preferential transfer.(Bankr. D. Alaska)
Issue(s)
Preferences; Avoidable Transfers.

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Consumer opinion summary, case decided on December 17, 2018 , LexisNexis #0219-064

Cook Inlet Energy, LLC, In re

Ruling
Court deemed that the State of Alaska did not have the right to offset its liability to debtor by amounts owed to it by codebtor where proposed offsets involved separate entities in different capacities and mutuality was lacking. (Bankr. D. Alaska)
Issue(s)
Setoff; Preservation of Creditor's Right to Offset Mutual Debt.

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Commercial opinion summary, case decided on November 16, 2017 , LexisNexis #1217-112

In re Aurora Gas, LLC

Ruling
State impermissibly discriminated against the debtor in conditioning approval onassumption of the debtor's liability for the leases. (Bankr. D. Alaska)
Issue(s)
Protection Against Discriminatory Treatment; Discrimination by Governmental Unit.

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Commercial opinion summary, case decided on September 26, 2017 , LexisNexis #1117-017

Cook Inlet Energy, LLC, In re

Ruling
Claimant was awarded an administrative expense claim for his postpetition services as amember of the debtor's board of directors. (Bankr. D. Alaska)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed; Estate Expenses; Preservation of the Estate.

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Commercial opinion summary, case decided on September 13, 2017 , LexisNexis #1017-072

Page, In re--Atkinson v. Page

Ruling
Debtor's discharge could not be denied for material omissions as there was no evidence offraudulent intent. (Bankr. D. Alaska)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.

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Consumer opinion summary, case decided on May 15, 2017 , LexisNexis #0617-079

Beach, In re--Deloycheet, Inc. v. Beach

Ruling
Damages that were proximate results of debtor's failures of disclosure could not be dsicharged. (Bankr. D. Alaska)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on April 07, 2017 , LexisNexis #0517-048