Judge Nakagawa

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

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

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

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

Sorelle, M.D., PCCL, In re

Ruling: 
Debtors' motion to approve settlement was granted as debtors' cash flow projections and retirement fund amounts were sufficient to make the lump-sum payment required by the settlement agreement. (Bankr. D. Nev.)
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Consumer case opionion summary, case decided on June 23,2020, LexisNexis #0820-050

Brice, In re

Ruling: 
Relief from stay granted as trustee met its burden of demonstrating that debtors lacked equityin their property and debtors offered no evidence that their proposed Chapter 13 plan could beconfirmed. (Bankr. D. Nev.)
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Consumer case opionion summary, case decided on March 26,2020, LexisNexis #0620-007

Perez, In re--Fabrizius v. Perez

Ruling: 
Debt based on filing of baseless sex abuse lawsuit was nondischargeable on grounds ofwillful and malicious injury. (Bankr. D. Nev.)
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Consumer case opionion summary, case decided on April 03,2020, LexisNexis #0620-012

VAC Fund Houston, LLC, In re

Ruling: 
Court denied debtor's motion for a determination that a creditor was not entitled to anallowance of default interest on its claim as creditor was an oversecured creditor. (Bankr. D.Nev.)
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Commercial case opionion summary, case decided on February 28,2020, LexisNexis #0420-083

Moon, In re

Ruling: 
Creditor willfully violated automatic stay as debtors received multiple account information ormortgage statements from creditor after they filed their petition. (Bankr. D. Nev.)
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Consumer case opionion summary, case decided on February 25,2020, LexisNexis #0420-056

Martinez, In re

Ruling: 
Motion to retroactively annul the automatic stay in favor of bona fide purchaser granted wheredebtor had five previous filings and no confirmations. (Bankr. D. Nev.)
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Consumer case opionion summary, case decided on March 04,2020, LexisNexis #0420-055

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