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Grimmett, In re

Ruling
Firm ordered to cancel the agreement it entered with the debtor after court found that the firm improperly attempted to unbundle its services and created conflicts of interest with debtor. (Bankr. D. Idaho)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders; Retention of Lien and Distribution of Property.

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Consumer opinion summary, case decided on June 05, 2017 , LexisNexis #0717-057

Acarregui, In re

Ruling
Only money contributed to college savings accounts more than 365 days before thedeclaration of bankruptcy can be exempted from being part of the bankruptcy estate. (Bankr.D. Idaho)
Issue(s)
Property of the Estate; Exclusions; Tuition Credits or Certificates.

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Consumer opinion summary, case decided on May 31, 2017 , LexisNexis #0717-017

Biggs, In re--Cheirett v. Biggs

Ruling
Creditor's motion for summary judgment granted based on the collateral estoppel effect of a state court judgment against debtor for embezzlement.(Bankr. D. Idaho)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.

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Consumer opinion summary, case decided on February 07, 2017 , LexisNexis #0317-036

Hoku Materials, Inc., In re

Ruling
Court granted firm's final fee application for work that was performed for the trustee prior tothe court's consolidation of the debtor's case with a case filed by an affiliated business. (Bankr.D. Idaho)
Issue(s)
Compensation of Officers; Determination of Amount; Compensation Disallowed.

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Commercial opinion summary, case decided on February 01, 2017 , LexisNexis #0317-002

1910 Partners, In re--1910 Partners v. Ass'n of Apt. Owners of Canterbury Place

Ruling
Debtors were not entitled to claim federal exemptions as during the relevant 180-day period of their petition, debtors where domiciled in North Dakota.
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions; Property Exempt Under Federal, State or Local Law

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Commercial opinion summary, case decided on January 10, 2017 , LexisNexis #0218-071

In re Smith

Ruling
Debtors' objection to creditor's proof of claim denied as creditor submitted adequate evidenceto support the amount claimed in the filed proof of claim. (Bankr. D. Idaho)
Issue(s)
Counsel’s Liability for Excessive Costs.

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Consumer opinion summary, case decided on December 30, 2016 , LexisNexis #0217-024

Hopkins v. Digital Fed. Credit Union (In re Parker)

Ruling
Preference period car loan payments could be avoided. (Bankr. D. Idaho)
Issue(s)
Preferences.

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Consumer opinion summary, case decided on November 15, 2016 , LexisNexis #1216-047

In re Anderson

Ruling
Real estate commissions earned by debtor brokers on sales pending at petition date wereproperty of the estate and subject to turnover. (Bankr. D. Idaho)
Issue(s)
Whether debtors should be required to turn over certain real estate commissions they had received to trustee for distribution to creditors

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Consumer opinion summary, case decided on September 16, 2016 , LexisNexis #1016-055

In re Davis

Ruling
Proof of claim for loans extended to corporation rather than individual debtors disallowed.(Bankr. D. Idaho)
Issue(s)
Allowance of Claims or Interests; Disallowance.

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Consumer opinion summary, case decided on August 04, 2016 , LexisNexis #1116-015

In re Silva Dairy, LLC

Ruling
Debtor’s attorneys’ retainer ordered disgorged due to failure to disclose payment was made bya third party. (Bankr. D. Idaho)
Issue(s)
Employment of Professional Persons; Who May Be Employed.

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Commercial opinion summary, case decided on June 21, 2016 , LexisNexis #1116-107