Bankruptcy Court

Ely, In re

Ruling: 
Motion to dismiss debtor's Chapter 13 bankruptcy case was granted as debtor had presentedno evidence of bad faith on the creditor's part, nor of prejudice he had suffered as a result ofthe timing of the motion. (Bankr. W.D. Mo.)
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Consumer case opionion summary, case decided on April 29,2020, LexisNexis #0620-099

Friedrich, In re

Ruling: 
Bank's motion to dismiss debtor's Chapter 13 case was granted as debtor's noncontingent,liquidated unsecured claims exceeded the statutory amount of $419,275 set forth in § 109(e).(Bankr. W.D. Wis.)
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Consumer case opionion summary, case decided on May 05,2020, LexisNexis #0620-100

Glenn, In re--Glenn v. Army & Air Force Exch. Servs.

Ruling: 
Debtor's counsel was awarded reasonable attorney's fee to commensurate with the time andeffort reasonably required to rectify the stay violation. (Bankr. S.D. Ala.)
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Consumer case opionion summary, case decided on May 06,2020, LexisNexis #0620-079

Dao, In re

Ruling: 
Court granted Chapter 7 trustee's 11 U.S.C. § 362(h)(2) motion so as to preserve the automaticstay with respect to personal property of the estate of the individual debtor. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on May 11,2020, LexisNexis #0620-080

Cook, In re

Ruling: 
Debtor's request to impose the stay retroactively was denied as the court did not haveauthority under 11 U.S.C. § 105(a) to override 11 U.S.C. § 362(c)(4)(C). (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on May 11,2020, LexisNexis #0620-081

Yokoi, In re--U.S. Bank, N.A. v. Yokoi

Ruling: 
Motion for relief from stay was granted as debtor’s filing was part of a scheme to hinder, delayor defraud bank. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on August 01,2015, LexisNexis #0620-082

Kearns, In re

Ruling: 
Relief from the automatic stay was appropriate based on debtor's failure to make pre-petitionand post-petition mortgage payments. (Bankr. W.D.N.Y.)
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Consumer case opionion summary, case decided on May 08,2020, LexisNexis #0620-083

Latex Foam Int'l, LLC, In re

Ruling: 
Debtors' motion for continued use of cash collateral was granted as the sum of the debtors'cash on hand, eligible inventory, and accounts receivable was adequate protection. (Bankr. D.Conn.)
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Commercial case opionion summary, case decided on May 04,2020, LexisNexis #0620-084

Donghia, Inc., In re

Ruling: 
Trustee's request that the date of the rejection be deemed retroactive was denied as there hadbeen no post-COVID-19 modification to the code as to a bankruptcy estate's obligations to payrent. (Bankr. D. Conn.)
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Commercial case opionion summary, case decided on May 12,2020, LexisNexis #0620-085

Pier 1 Imps., Inc., In re

Ruling: 
Lessors did not have a right to compel payment from debtor tenants as proper remedy was topursue an administrative expense claim. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on May 10,2020, LexisNexis #0620-086

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