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District of nevada

Ramsey, In re

Ruling
Continuance of automatic stay in debtor’s second case within one year was denied because thedebtor failed to rebut the presumption of lack of good faith. (Bankr. D. Nev.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior

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Consumer opinion summary, case decided on February 17, 2021 , LexisNexis #0421-004

Nieto, In re--Nieto v. Sanam Ltd.

Ruling
Debtor was entitled to protection of the automatic stay while proceeding challenging validityof pre-petition foreclosure was pending. (Bankr. D. Nev.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on January 29, 2021 , LexisNexis #0321-053

Sorelle, In re

Ruling
Creditor's action filed post-petition with actual knowledge of debtor’s bankruptcy constituteda willful violation of the automatic stay. (Bankr. D. Nev.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on December 28, 2020 , LexisNexis #0221-029

Chambers, In re

Ruling
Firm was prohibited from making disbursements or taking action with respect to the funds aslaw firm was expressly ordered to hold the subject funds in trust by a state bank. (Bankr. D.Nev.)
Issue(s)
Turnover of Property by a Custodian.

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Consumer opinion summary, case decided on November 16, 2020 , LexisNexis #0221-038

Players Network, In re

Ruling
Dismissal of Chapter 11 case was granted because the disclosure statement offered littleprospect of confirmation as it described a plan of reorganization that could not exist. (Bankr. D.Nev.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; When Required.

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Commercial opinion summary, case decided on October 23, 2020 , LexisNexis #1220-044

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.)
Issue(s)
Automatic Stay; Duration; Cases Refiled Within One Year of Dismissal of One Prior

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Consumer opinion summary, case decided on October 02, 2020 , LexisNexis #1120-052

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.)
Issue(s)
Setoff.

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Commercial opinion summary, case decided on September 29, 2020 , LexisNexis #1120-043

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.)
Issue(s)
Contents of Plan; Discretionary Provisions; Curing of Default and Maintenance of

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Consumer opinion summary, case decided on August 21, 2020 , LexisNexis #1020-019

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.)
Issue(s)
Appointment of Trustee or Examiner; Request by Party in Interest or United States

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Commercial opinion summary, case decided on August 20, 2020 , LexisNexis #1020-017

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.)
Issue(s)
Allowance of Claims or Interests; Estimated Claims.

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Consumer opinion summary, case decided on August 18, 2020 , LexisNexis #1020-004