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District of alaska

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

In re Bellows

Ruling
Joint disclosure statement of debtor individual and debtor business was inadequate and couldnot be approved. (Bankr. D. Alaska)
Issue(s)
Could debtor’s disclosure statement, filed jointly with debtor business, be approved?

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Consumer opinion summary, case decided on July 19, 2016 , LexisNexis #0816-112

In re Bowers Inv. Co.

Ruling
Chapter 11 case converted to chapter 11 due to debtor’s use of bank's cash collateral without the bank's permission and failure to timely file a monthly operating report.
Issue(s)
Should debtor’s chapter 11 case be converted to chapter 7 or dismissed?

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Commercial opinion summary, case decided on July 08, 2016 , LexisNexis #0816-053

Jipping v. First Natl Bank Alaska (In re Omni Enters.)

Ruling
Lender’s bank account sweep was supported by its lien rights and was not avoidable.
Issue(s)
Could lender’s sweep of debtor’s bank accounts be avoided?

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Consumer opinion summary, case decided on May 31, 2016 , LexisNexis #0716-019

Battley v. MPC Inc. (In re Fairbanks Cmty. Mental Health Ctr. Inc.)

Ruling
Reference of simple claim for damages withdrawn.
Issue(s)
Should reference be withdrawn of breach of contract case for damages?

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Commercial opinion summary, case decided on February 12, 2016 , LexisNexis #0316-033

In re Hunyady

Ruling
Case could be reopened in order to retroactively annul automatic stay.
Issue(s)
Should case be reopened to retroactively annul the automatic stay?

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Consumer opinion summary, case decided on November 12, 2015 , LexisNexis #0216-111

United States Tr. v. Anthonys (In re Anthonys)

Ruling
Discharge denied due to debtor's failure to disclose transfer of property within two years of petition date.
Issue(s)
Should debtor's discharge be denied due to a failure to disclose a transfer of real property within two years of petition date?

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Consumer opinion summary, case decided on October 22, 2015 , LexisNexis #1115-097

In re IT LLC

Ruling
Case dismissed as arising out of a two-party dispute.
Issue(s)
Should case be dismissed as primarily a two-party dispute between non-debtors?

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Commercial opinion summary, case decided on April 24, 2015 , LexisNexis #0515-072

In re Decker

Ruling
Discretionary conversion to chapter 11 granted.
Issue(s)
Was the United States Trustee impermissibly extending use of the § 706(a) means test to obtain conversion of debtors' case to chapter 11?

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Consumer opinion summary, case decided on March 31, 2015 , LexisNexis #0415-131

In re Griffin

Ruling
Case ordered converted to chapter 13 or dismissed for abuse where debtor had sufficient disposable income to fund a plan.
Issue(s)
Did debtor have sufficient disposable income to fund a chapter 13 plan so as to justify conversion or dismissal for abuse?

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Consumer opinion summary, case decided on January 22, 2015 , LexisNexis #0215-096