Oct
02
2020
Valiente, In re
Ruling:
Automatic stay terminated with respect to debtors but continued to stay efforts to obtain estateproperty where debtors filed a second Chapter 13 case within a year after their first one wasdismissed. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on October 02,2020, LexisNexis #1120-052
Sep
29
2020
Draft Bars LLC, In re--Draft Bars LLC v. Anheuser-Busch LLC
Ruling:
Defendants in debtor’s breach of contract proceeding could setoff any mutual, pre-petitiondebts owed absent any genuine dispute regarding the right to setoff. (Bankr. D. Nev.)
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Commercial case opionion summary, case decided on September 29,2020, LexisNexis #1120-043
Aug
20
2020
Hartland MMI, LLC, In re
Ruling:
Motion to appoint a Chapter 11 trustee was granted as it was in the best interests of creditorsand the estate. (Bankr. D. Nev.)
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Commercial case opionion summary, case decided on August 20,2020, LexisNexis #1020-017
Aug
21
2020
Polvorosa, In re
Ruling:
Creditor's allocation of loan payments received under plan was not grounds for contemptabsent violation of a specific plan provision. (Bankr. D. Nev.)
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Consumer case opionion summary, case decided on August 21,2020, LexisNexis #1020-019
Aug
18
2020
Sorelle, In re
Ruling:
Court granted debtors' motion to estimate medical malpractice claim for voting and planconfirmation only in order to avoid delay. (Bankr. D. Nev.)
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Consumer case opionion summary, case decided on August 18,2020, LexisNexis #1020-004
Jul
27
2020
De Hines, In re--RELS Valuation v. De Hines
Ruling:
Motion to dismiss plaintiff's adversary complaint was granted as the claim was brought under§ 523(a)(6) which is not listed as an exception to a discharge in Chapter 13. (Bankr. D. Nev.)
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Consumer case opionion summary, case decided on July 27,2020, LexisNexis #0920-013
Jul
08
2020
Elite Auto Dealer, Inc., In re
Ruling:
Motion to dismiss Chapter 11 case, convert to Chapter 7 or appoint an examiner denied wherecreditor failed to meet its burden of proof. (Bankr. D. Nev.)
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Commercial case opionion summary, case decided on July 08,2020, LexisNexis #0920-018
Jul
08
2020
Elite Auto Dealer, Inc., In re
Ruling:
Court did not impose sanctions against counsel for debtor’s owner for failure to disclose as itsubsequently provided the proper disclosures. (Bankr. D. Nev.)
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Commercial case opionion summary, case decided on July 08,2020, LexisNexis #0920-021
Jul
21
2020
Moon, In re
Ruling:
Award of sanctions was not appropriate as debtors failed to prove that the mortgagecompany's conduct after notice of the order confirming their second plan was the cause of anyalleged damages. (Bankr. D. Nev.)
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Consumer case opionion summary, case decided on July 21,2020, LexisNexis #0920-001
Mar
11
2020
Flemino, In re--Flemino v. Vulcan Recoveries, LLC
Ruling:
Motion for sanctions was granted as debtor's claims and legal contentions were frivolous andher allegations and factual contentions had no evidence. (Bankr. D. Nev.)
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Consumer case opionion summary, case decided on March 11,2020, LexisNexis #0620-024
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