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western district of washington

Woldstad, In re

Ruling
Trustee's objection to the plan was overruled where debtor's daughter was a member of his household because she lived with him more than a de minimis portion of each month and was his financial dependent under the "economic unit" approach. (Bankr. W.D. Wash.)
Issue(s)
Confirmation of Plan.

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Consumer opinion summary, case decided on August 10, 2018 , LexisNexis #0918-116

Packer, In re

Ruling
Debtors' amended motion for use of cash collateral denied as they failed to meet their burden of proof to demonstrate that the funds in the so-called "cash collateral account" constitute property of their estate or cash collateral. (Bankr. N.D. Ill.)
Issue(s)
Use, Sale, or Lease of Property.

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Consumer opinion summary, case decided on July 19, 2018 , LexisNexis #0818-097

Fraser's Boiler Serv., In re

Ruling
Court approved settlement agreement that involved sale of insurance policies as the funding was essential to making debtor's plan work. (Bankr. W.D. Wash.)
Issue(s)
Use, Sale, or Lease of Property.

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Commercial opinion summary, case decided on July 18, 2018 , LexisNexis #0818-096

Miceli, In re

Ruling
Court sustained secured creditor's objection to confirmation of plan that proposed todistribute smaller monthly payments to the creditor until the allowed claim of debtor'sattorneys was paid in full. (Bankr. N.D. Ill.)
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 July 09, 2018 , LexisNexis #0818-084

Sanders, In re--Sanders v. AllianceOne Receivables Mgmt.

Ruling
Financial obligations imposed in superior court sentencing orders were nondischargeable as they served a penal and rehabilitative purpose. (Bankr. W.D. Wash.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fines, Penalties, or Forfeitures Owed to Governmental Unit.

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Consumer opinion summary, case decided on July 06, 2018 , LexisNexis #0818-049

Packer, In re

Ruling
Motion to convert denied as bank did not satisfy its burden to prove fraud as required for theconversion of the debtors' case. (Bankr. N.D. Ill.)
Issue(s)
Conversion or Dismissal; Dismissal or Conversion for Fraud.

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Consumer opinion summary, case decided on June 19, 2018 , LexisNexis #0818-078

Ellis, In re

Ruling
Court denied debtor's discharge where debtor intentionally and fraudulently disposed ofproperty from her bankruptcy estate, failed to keep adequate records, and knowingly andfraudulently misled her creditors and the bankruptcy trustee. (Bankr. W.D. Wash.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on June 15, 2018 , LexisNexis #0718-081

Beird, In re

Ruling
Court ruled that debtor may not pursue a transfer unless the trustee does not attempt to avoidthe transfer. (Bankr. W.D. Wash.)
Issue(s)
Exemptions; Avoidance of Certain Transfers by Debtor.

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Consumer opinion summary, case decided on May 02, 2018 , LexisNexis #0618-008

Southbank Dairies, LLC, In re

Ruling
Compensation requested by trustee for court-approved farm manager was reduced as servicesdirectly related to liquidation of estate assets were beyond the scope of the manager's courtapprovedemployment. (Bankr. W.D. Wash.)
Issue(s)
Compensation of Officers.

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Commercial opinion summary, case decided on April 24, 2018 , LexisNexis #0718-003

Jones, In re

Ruling
Court concluded that creditor's claim was subject to bifurcation as the collateral did not secure sums advanced to pay for optional gap insurance and vehicle maintenance contracts. (Bankr. W.D. Wash.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim; Valuation of Creditor’s Interest.

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Consumer opinion summary, case decided on April 20, 2018 , LexisNexis #0518-096