- 11 U.S.C.
Williams Land Clearing, Grading, & Timber Logging, LLC, In re--Williams Land Clearing, Grading, & Timber Logging, LLC v. Apex Funding Source LLC
May
16
2025
Ruling
Payment directly to creditor of receivable owed to debtor was avoidable as it allowed creditor to receive more than it would have in a Chapter 7 case. (Bankr. E.D.N.C.)
Issue(s)
Preferences.
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Court
:
- 11 U.S.C.
Garcia, In re--Garcia v. United States Dep't of Educ.
May
16
2025
Ruling
Discharge of student loan debt was denied because debtor could maintain minimal living standard, lacked evidence of long-term hardship, and failed to show good faith repayment efforts. (Bankr. W.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.
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Court
:
- 11 U.S.C.
Bortz, In re--Lavender v. Bortz
May
16
2025
Ruling
Debt was excepted from discharge as debtor obtained funds through false representations and actual fraud in failed construction project. (Bankr. S.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
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Court
:
- 11 U.S.C.
Sutton, In re
May
16
2025
Ruling
Creditor did not violate the automatic stay as it took no affirmative action after learning of bankruptcy and promptly moved to stay contempt proceedings. (Bankr. D. Colo.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.
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Court
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Seven Rivers Leasing Corp., In re
May
16
2025
Ruling
Two aircraft hangars were not property of the estate because debtor lacked interest in one and foreclosure had extinguished rights in the other before bankruptcy. (Bankr. W.D. Ark.)
Issue(s)
Automatic Stay; Relief from Stay.
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Court
:
- 11 U.S.C.
Johnson, In re
May
16
2025
Ruling
Court upheld partial commission claim for auction of estate property as debtor agreed to terms and estate benefited, but denied full commission due to lack of court approval and improper handling of motor vehicles. (Bankr. S.D. Ala.)
Issue(s)
Employment of Professional Persons.
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Court
:
Salee Amina Mohammed, In re
May
16
2025
Ruling
Chapter 13 case properly dismissed as debtor failed to comply with credit counseling requirement and there were no exceptional circumstances justifying relief. (Bankr. D. Utah)
Issue(s)
Who May Be a Debtor; Mandatory Credit Counseling.
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Court
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Celsius Network LLC, In re--Meghji v. Bailey
May
15
2025
Ruling
Counterclaims filed by “unknown” creditor discharged under the confirmed Chapter 11 plan as publication notice was sufficient and the creditor failed to file a timely proof of claim. (Bankr. S.D.N.Y.)
Issue(s)
Effect of Confirmation; Discharge.
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Court
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Nat'l Reality Inv. Advisors, LLC, In re
May
15
2025
Ruling
Creditors’ claims subordinated because they ignored signs of fraud, enabling Ponzi scheme and harming other creditors. (Bankr. D.N.J.)
Issue(s)
Subordination; Equitable Subordination.
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Court
:
Berkley, In re
May
15
2025
Ruling
Court allowed fraud and embezzlement claims because plaintiffs pled specific misrepresentations and misuse of funds, but dismissed fiduciary and larceny claims for lack of required elements. (Bankr. N.D. Ohio)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
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