Oct
22
2020
Otoh, In re--Otoh v. Barr
Ruling:
Court dismissed governmental defendants as the plaintiff's damages claims were for punitivedamages and court considered such claims under U.S.C.S. § 106(a)(3). (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on October 22,2020, LexisNexis #1220-027
Oct
26
2020
Rosales, In re--Morris v. King
Ruling:
Defendant's noncompliance with § 329(a) warranted full disgorgement of attorney fees andexpenses disbursed from the personal injury settlement. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on October 26,2020, LexisNexis #1220-028
Oct
27
2020
Miralda, In re
Ruling:
Debtor’s counsel award of fees and costs for work on summary judgment motion determinedusing the lodestar method. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on October 27,2020, LexisNexis #1220-029
Oct
27
2020
Pyle, In re
Ruling:
Automatic stay prevented the filing of post-petition liens as the liens were actions againstproperty of the estate and sought to improve the lienholders' status post-petition from postpetition creditor to secured creditor. (Bankr. C.D. Cal.)
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Consumer case opionion summary, case decided on October 27,2020, LexisNexis #1220-031
Oct
28
2020
Rochester Drug Coop., Inc., In re
Ruling:
Creditor granted relief from stay to pursue its counterclaim for the setoff of the value ofreturned goods against debtor’s collection action. (Bankr. W.D.N.Y.)
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Commercial case opionion summary, case decided on October 28,2020, LexisNexis #1220-032
Oct
22
2020
Jenkins, In re
Ruling:
Chapter 7 trustee's motion to sell debtor's boat free and clear of liens, interest, encumbrances,and claims was granted. (Bankr. N.D. Miss.)
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Consumer case opionion summary, case decided on October 22,2020, LexisNexis #1220-033
Oct
27
2020
Palmer Equip., LLC, In re
Ruling:
Motion to vacate a court order approving settlement and distribution of funds from sale ofequipment was not moot as the result of consummation of the sale because the remediesrequested did not affect the validity of the sale. (Bankr. D. Utah)
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Commercial case opionion summary, case decided on October 27,2020, LexisNexis #1220-034
Oct
28
2020
Chesapeake Energy Corp., In re
Ruling:
Gas purchase agreement that did not contain a covenant that ran with the land was executoryand could be rejected. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on October 28,2020, LexisNexis #1220-035
Oct
22
2020
Schmitz, In re--Scott v. Schmitz
Ruling:
Court independently found the debt was excepted form discharge based upon the testimonyof the witnesses, and after judging the credibility. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on October 22,2020, LexisNexis #1220-037
Oct
13
2020
Giles, In re--Mote v. Giles
Ruling:
Debtor's loan debt was not excepted from discharge as creditors failed to prove false pretensesthat gave rise to the debt since the only false representation alleged was that of the debtor'sdeceased husband. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on October 13,2020, LexisNexis #1220-038
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