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Jurgens, In re--Martin v. Jurgens

Ruling
Debt owed to plaintiff was nondischargeable as she abused her position as a fiduciary both aspower of attorney and executor of the decedents’ estates. (Bankr. D. Mont.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or

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Consumer opinion summary, case decided on July 30, 2020 , LexisNexis #0920-038

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)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed; Actual and

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Commercial opinion summary, case decided on January 31, 2020 , LexisNexis #0320-032

Finlay, In re

Ruling
Debtor's liability for victim's death excepted from discharge where debtor's conduct instriking the victim in the head was both willful and malicious. (Bankr. D. Idaho)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on July 22, 2019 , LexisNexis #0919-061

Ulbrich, In re

Ruling
Relief from stay to pursue state court litigation as creditor failed to show "cause." (Bankr. D.Idaho)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Consumer opinion summary, case decided on July 02, 2019 , LexisNexis #0919-006

Barstad, In re

Ruling
Debtor's motion for summary judgment denied where state court decision and order was not atransfer and alleged transferees did not have claims and thus were not creditors. (Bankr. D.Mont.)
Issue(s)
Preferences; Burden of Proof.

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Consumer opinion summary, case decided on June 12, 2019 , LexisNexis #0819-065

Khurana, In re

Ruling
Collection of domestic support obligations by child support services was exempt fromautomatic stay and discharge injunction. (Bankr. D. Idaho)
Issue(s)
Automatic Stay; Exceptions.

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Consumer opinion summary, case decided on March 29, 2019 , LexisNexis #0519-078

Rhino Rush, LLC, In re--Rhino Rush, LLC v. Raw Pharma, LLC

Ruling
Ex parte motion for prejudgment attachment denied as debtor did not show a likelihood ofsuccess on its claims for preferences and fraudulent transfers. (Bankr. D. Idaho)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.

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Commercial opinion summary, case decided on March 27, 2019 , LexisNexis #0619-001

Resler, In re--Resler v. Helton

Ruling
Claims for post-petition breach of consulting agreement were not properly removable. (Bankr.D. Idaho)
Issue(s)
Executory Contracts and Unexpired Leases; When Trustee May Not Assume or Assign.

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Consumer opinion summary, case decided on March 21, 2019 , LexisNexis #0519-055

McKay, In re

Ruling
Motion to annul automatic stay denied where HOA had notice of debtor's bankruptcy at thetime it foreclosed and purchased the property and thus was not entitled to annulment. (Bankr.D. Idaho)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Consumer opinion summary, case decided on February 14, 2019 , LexisNexis #0319-077

Mikkelsen, In re--Avery v. Mikkelsen

Ruling
Malpractice action that, under applicable state law, only accrued postpetition was not property of the bankruptcy estate. (Bankr. D. Idaho)
Issue(s)
Property of the Estate.

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Consumer opinion summary, case decided on August 30, 2018 , LexisNexis #1018-050