Aug
21
2018
C & M Invs. of High Point Inc., In re--Northen v. MDC Innovations, LLC
Ruling:
Claims regarding the assignment of intellectual property to non-debtor companies did notarise "under" or "in" title 11 as they asserted state law causes of action which wereindependent of the bankruptcy filing and the companies were not debtors before the court.(Bankr. M.D.N.C.)
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Commercial case opionion summary, case decided on August 21,2018, LexisNexis #1018-026
Aug
24
2018
Wisdom, In re--Wisdom v. Gugino
Ruling:
Debtor's request seeking court's certification of its orders dismissing three defendants fordirect appeal was denied as debtor has not shown that a direct appeal from the dismissalorders will materially advance the progress of the adversary proceeding. (Bankr. D. Idaho)
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Consumer case opionion summary, case decided on August 24,2018, LexisNexis #1018-028
Aug
22
2018
McCowan, In re
Ruling:
Trustee's objection to debtor's homestead exemption overruled where debtor's reliance on abank's erroneous representation that it had a lien on the property constituted excusableneglect. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on August 22,2018, LexisNexis #1018-029
Aug
23
2018
Petersen, In re
Ruling:
Attorney sanctioned for knowingly and willingly permitting a different law firm to use hiselectronic filing credentials. (Bankr. S.D. Iowa)
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Consumer case opionion summary, case decided on August 23,2018, LexisNexis #1018-030
Aug
23
2018
Yurdumyan, In re--Gottlieb v. Gemilyan
Ruling:
Claim was disallowed as defendant performed construction work while unlicensed. (Bankr.C.D. Cal.)
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Consumer case opionion summary, case decided on August 23,2018, LexisNexis #1018-007
Aug
21
2018
Spinks, In re
Ruling:
Court held that the 180-day period of 11 U.S.C. § 507(a)(4) was not subject to equitable tollingas it was not a statute of limitation intended to protect against stale claims but to protectworkers in the event of their employer's bankruptcy. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on August 21,2018, LexisNexis #1018-008
Aug
23
2018
Wojtkun, In re--Butler v. Wojtkun
Ruling:
Court would issue an order that compels the debtor to comply with his duties under § 521(a)(3)and includes a prohibition against debtor's soliciting patients of the professional corporation.(Bankr. D. Mass.)
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Consumer case opionion summary, case decided on August 23,2018, LexisNexis #1018-009
Aug
23
2018
Rockwell, In re
Ruling:
Cash proceeds from sale of property that remained in debtor's control as of the conversiondate were exempt and beyond the reach of the chapter 7 trustee. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on August 23,2018, LexisNexis #1018-010
Aug
22
2018
Xiao, In re--Chorches v. Xiao
Ruling:
Trustee's objection sustained where there was no presumption that the plan was exempt anddebtor was materially responsible for the plan's substantial compliance failure. (Bankr. D.Conn.)
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Consumer case opionion summary, case decided on August 22,2018, LexisNexis #1018-011
Aug
21
2018
Pitts, In re--Pitts v. Lakota
Ruling:
State court small claims judgments under Cal. Civ. Code § 1719 did not establish debtors'fraud as the statute did not require fraud or fraudulent intent to impose liability for passinga check on insufficient funds. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on August 21,2018, LexisNexis #1018-012
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