May
01
2020
Loewenstein, In re--Loewenstein v. United States Dep't of Educ.
Ruling:
Adversary proceeding dismissed as defendant as an agency of the United States governmentcould not be sued absent either a waiver of sovereign immunity or its consent. (Bankr. D. Idaho)
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Consumer case opionion summary, case decided on May 01,2020, LexisNexis #0620-052
Mar
10
2020
T Street LLC v. v. Jaques (In re Jaques)
Ruling:
Bankruptcy court's finding that bank did not reasonably rely on debtor's financial statementwas clearly erroneous and debtor was not entitled to be discharged from his debt. (5th Cir.)
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Consumer case opionion summary, case decided on March 10,2020, LexisNexis #0420-086
Mar
09
2020
Hillen v. Clarich Farms, LLC (In re Farmers Grain, LLC)
Ruling:
Summary judgment motions in preferential transfer proceeding denied due to significantmaterial disputes. (Bankr. D. Idaho)
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Commercial case opionion summary, case decided on March 09,2020, LexisNexis #0420-090
Mar
10
2020
Hawkes, n re
Ruling:
Creditor's complaint seeking an exception of its debt from discharge was dismissed as theallegations of fraud were not pled with sufficient particularity. (Bankr. D. Idaho)
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Consumer case opionion summary, case decided on March 10,2020, LexisNexis #0420-060
Feb
20
2020
Wallwork, In re
Ruling:
Trustee's objection to debtor’s Idaho homestead exemption sustained where debtor wasrequired to claim Maryland exemptions. (Bankr. D. Idaho)
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Consumer case opionion summary, case decided on February 20,2020, LexisNexis #0420-012
Feb
13
2020
Evans, In re
Ruling:
Trustee was required to return percentage fee after Chapter 13 case was dismissed preconfirmation. (Bankr. D. Idaho)
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Consumer case opionion summary, case decided on February 13,2020, LexisNexis #0320-096
Jan
31
2020
Pavement Markings Northwest, Inc., In re
Ruling:
Allowance of compensation and administrative expense treatment disallowed as the receiverwas not a custodian under the bankruptcy code. (Bankr. D. Idaho)
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Commercial case opionion summary, case decided on January 31,2020, LexisNexis #0320-032
Nov
27
2019
Bardales, In re
Ruling:
Settlement payment was property of the estate as it was "proceeds" of debtors' pre-petitioncause of action. (Bankr. D. Idaho)
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Consumer case opionion summary, case decided on November 27,2019, LexisNexis #0120-045
Nov
01
2019
Wyatt, In re--Bank v. Wyatt
Ruling:
Creditor not entitled to attorneys' fees for prevailing in its nondischargeability proceeding.(Bankr. D. Idaho)
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Consumer case opionion summary, case decided on November 01,2019, LexisNexis #1219-072
Aug
13
2019
Lemmons, In re
Ruling:
Post-petition lien of creditor mortgage company was avoidable as debtor's post-petitionrefinance was done without court authorization. (Bankr. D. Idaho)
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Consumer case opionion summary, case decided on August 13,2019, LexisNexis #1019-040
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