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Bankruptcy Court

Floyd, In re

Ruling: 
Debtors' discharges were denied for failure to keep adequate records to ascertain theirfinancial condition and failure to schedule or disclose the accounts they established in theirspouses' names. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on August 26,2019, LexisNexis #1019-066

Baribeau, In re

Ruling: 
Motion for reconsideration of order converting case to Chapter 7 was denied as debtor did notprovide any additional evidence demonstrating why conversion was not in the best interest ofcreditors. (Bankr. W.D. Tex.)
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Consumer case opionion summary, case decided on August 20,2019, LexisNexis #1019-067

Ditech Holding Corp., In re

Ruling: 
Confirmation of second amended plan was denied to the extent that it purported to limitconsumer creditors' ability to assert rights of recoupment against the buyers of planned saletransactions under applicable non-bankruptcy law. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on August 28,2019, LexisNexis #1019-068

Blige, In re

Ruling: 
Debtor's Chapter 13 case was dismissed for misrepresentations that constituted an abuse of theprovisions, purpose, and spirit of the Bankruptcy Code. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on August 21,2019, LexisNexis #1019-069

Foley, In re

Ruling: 
Plan's lien-retention language in non-standard provisions was not a barrier to confirmation asthe affected secured creditors had accepted the plans. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on August 19,2019, LexisNexis #1019-070

Rodriguez, In re

Ruling: 
Trustee's objection to proposed Chapter 13 plan was overruled except as to entertainment,education and family contributions not reasonably necessary for the maintenance or supportof below median income debtors. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on August 21,2019, LexisNexis #1019-071

Life Partners Holdings, Inc., In re

Ruling: 
The 2017 increase in quarterly U.S. Trustee fees did not apply to Chapter 11 cases filed beforethe enactment, and even if it did apply, it was unconstitutionally non-uniform. (Bankr. N.D.Tex.)
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Commercial case opionion summary, case decided on January 01,2018, LexisNexis #1019-072

Clinton Nurseries, In re

Ruling: 
Debtor that was not subject to the increased U.S. Trustee quarterly fees lacked standing tochallenge the enacting amendments, which were constitutionally uniform. (Bankr. D. Conn.)
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Commercial case opionion summary, case decided on August 28,2019, LexisNexis #1019-073

Fundamental Long Term Care, Inc., In re

Ruling: 
Probate estates' motion to disqualify trustee's counsel denied as the counsel's representationof a lessor was not adverse to the probate estates or the bankruptcy estate. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on August 21,2019, LexisNexis #1019-050

Velez, In re

Ruling: 
Chapter 7 trustee had standing to seek to reopen the case where debtor was a plaintiff in a pre-petition personal injury case that he failed to disclose in his bankruptcy case. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on August 21,2019, LexisNexis #1019-051

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