Sep
14
2018
Rakay, In re--Roettger v. Rakay
Ruling:
Court found that a portion of an award was nondischargeable due to the preclusive effect of the arbitrator's findings regarding the fraudulent conveyance of two vehicles. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on September 14,2018, LexisNexis #1018-099
Sep
14
2018
Kearney, In re
Ruling:
Court concluded that it would be fair and reasonable to give counsel access to the produced realty company documents. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on September 14,2018, LexisNexis #1018-118
Court: Judge or Jurisdiction information not available
Sep
14
2018
Horlbeck, In re--Tillman Enters., LLC v. Horlbeck
Ruling:
Debt owed under settlement agreement was dischargeable where debtor established that claims alleged by plaintiff and the evidence were insufficient to establish a securities violation or fraud. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on September 14,2018, LexisNexis #1018-103
Sep
14
2018
Northstar Offshore Grp., LLC, In re
Ruling:
Creditor's motion for leave to late-file proof of claim granted as it demonstrated sufficient reason for its delay in filing its proof of claim. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on September 14,2018, LexisNexis #1018-119
Sep
14
2018
Delagrange, In re--Gargula v. Delagrange
Ruling:
Court denied debtor's discharge as the debtor persistently failed to cooperate with the trustee and has blatantly flouted the requirements of the bankruptcy code and orders of the court. (Bankr. S.D. Ill.)
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Consumer case opionion summary, case decided on September 14,2018, LexisNexis #1018-106
Sep
14
2018
Um v. Spokane Rock I, LLC
Ruling:
Debtors were not entitled to discharge a debt arising out of a state-court judgment for fraud and misrepresentation as the plan of reorganization was explicitly a liquidation plan and disposed of all the estate assets. (9th Cir.)
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Commercial case opionion summary, case decided on September 14,2018, LexisNexis #1018-110
Court: Judge or Jurisdiction information not available
Sep
14
2018
Morris, In re
Ruling:
Confirmation of chapter 12 plan denied where debtor has history of being unable to make timely payments and the amounts provided to the court did not show that debtor has reasonable chance of successfully carrying out his duties and obligations under the plan. (Bankr. N.D. Miss.)
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Consumer case opionion summary, case decided on September 14,2018, LexisNexis #1018-111
Sep
14
2018
Roos, In re
Ruling:
Debtor was entitled to claim an exemption in any amount under Tennessee Code Annotated section 26-2-301 in property that he owns jointly as tenants in common for life with remainder to the survivor in fee. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on September 14,2018, LexisNexis #1018-098
Sep
14
2018
Shelton, In re
Ruling:
Confirmation of plan denied as the payment structure of the debtor's "step" plan was not proposed in good faith. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on September 14,2018, LexisNexis #1018-114
Sep
13
2018
First River Energy, LLC, In re
Ruling:
Debtor's counsel's first interim fee application was denied in part as fees associated with the filing were not reasonable and necessary because those services only benefited debtor's board and its officers. (Bankr. W.D. Tex.)
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Commercial case opionion summary, case decided on September 13,2018, LexisNexis #1018-094
Sep
13
2018
First River Energy, LLC, In re
Ruling:
Financial advisor's first and final application for allowance of compensation was granted in part where court found that the tasks performed were consistent with the scope of work authorized under the retention order. (Bankr. W.D. Tex.)
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Commercial case opionion summary, case decided on September 13,2018, LexisNexis #1018-095
Sep
13
2018
McMaken, In re
Ruling:
Debtor's objection to his former employer's proof of claim was sustained as the former employer failed to meet its burden to prove that trustee was its fiduciary. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on September 13,2018, LexisNexis #1018-097
Sep
12
2018
Hoskins, In re
Ruling:
Chapter 13 debtor's plan was not proposed in good faith as court believed that a good faith plan would include a proposal to pay the creditor 12% interest on its secured claim and would condition confirmation of an amended plan on that rate. (Bankr. S.D. Ind.)
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Consumer case opionion summary, case decided on September 12,2018, LexisNexis #1018-115
Sep
12
2018
Smith, In re--Smith v. Citizens Fin. Grp., Inc.
Ruling:
Bankruptcy court abstained from hearing complaint where it could not determine whether res judicata applied and a ruling on the merits would disturb the prior state court judgment regardless of the applicability of the Rooker-Feldman doctrine. (Bankr. D. Md.)
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Consumer case opionion summary, case decided on September 12,2018, LexisNexis #1018-117
Sep
12
2018
Blue Global, LLC, In re--Yoo v. Zeta Interactive
Ruling:
Payments made by debtor were exempt from avoidance as the trustee failed to establish that the payments were not made in the ordinary course of business or according to ordinary business terms within the affiliate marketing industry. (Bankr. C.D. Cal.)
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Commercial case opionion summary, case decided on September 12,2018, LexisNexis #1018-104