Sep
28
2022
Reichel, In re--Reichel v. Jensen-Carter
Ruling:
Bankruptcy court did not abuse its discretion by denying debtor's repeated motions to reopenhis case as the underlying purpose was the reversing of his criminal conviction. (B.A.P. 8thCir.)
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Consumer case opionion summary, case decided on September 28,2022, LexisNexis #0123-52
Oct
21
2022
Powell, In re--TICO Constr. Co. v. Van Meter
Ruling:
Debtor had a right to dismiss his Chapter 13 case even in the face of allegations of bad faith orabuse of the bankruptcy process. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on October 21,2022, LexisNexis #0123-021
Aug
25
2022
Richards, In re
Ruling:
Debtor could not exempt proceeds from the prepetition sale of her former residence as she hadno meaningful ability to occupy the property in the future and presented no evidence of eitherintent or ability to the trial court. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on August 25,2022, LexisNexis #1222-007
Aug
25
2022
Richards, In re
Ruling:
Debtor could not exempt proceeds from the pre-petition sale of her former residence as shehad no meaningful ability to occupy the property. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on August 25,2022, LexisNexis #1022-027
Jul
29
2022
Parvizi, In re--Parvizi v. United States
Ruling:
Bankruptcy court properly held that debtor was not entitled to an undue hardship discharge ofstudent loan debt. (B.A.P. 1st Cir.)
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Consumer case opionion summary, case decided on July 29,2022, LexisNexis #0922-062
Jun
03
2022
Murray Energy Holdings Co., In re
Ruling:
Bankruptcy court did not abuse its discretion in denying the motion for reconsideration as thecreditor did nothing more than rehash its prior arguments, this time with the aid of anaffidavit that it could have obtained before the hearing. (B.A.P. 6th Cir.)
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Commercial case opionion summary, case decided on June 03,2022, LexisNexis #0922-050
May
27
2022
Chuza Oil Co., In re--Montoya v. Goldstein
Ruling:
Final judgment to the extent it awarded relief to defendants on the actual-fraudulent-transfercount was proper as each transfer was a preferential transfer of an interest of debtor inproperty. (B.A.P. 10th Cir.)
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Commercial case opionion summary, case decided on May 27,2022, LexisNexis #0722-067
May
26
2022
Open Med. Inst., In re--Spark Factor Design, Inc. v. Hjelmeset
Ruling:
Bankruptcy court did not abuse its discretion as it properly evaluated the fairness andreasonableness of compromise between trustee and debtor. (B.A.P. 9th Cir.)
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Commercial case opionion summary, case decided on May 26,2022, LexisNexis #0722-057
Apr
29
2022
Shove, In re--Hernandez v. Shove
Ruling:
Bankruptcy court properly denied the debtor husband's discharge as the husband failed tokeep and preserve adequate records and his failure was unjustified. (B.A.P. 1st Cir.)
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Consumer case opionion summary, case decided on April 29,2022, LexisNexis #0722-018
Apr
26
2022
RS Air, LLC, In re--NetJets Aviation, Inc. v. RS Air, LLC
Ruling:
Bankruptcy court properly confirmed the debtor's Chapter 11 plan, denied the creditor'sobjection to the debtor's subchapter V election and upheld the eligibility decision. (B.A.P. 9thCir.)
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Commercial case opionion summary, case decided on April 26,2022, LexisNexis #0722-020
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