Aug
03
2018
Evans, In re--Heath v. Evans
Ruling:
Court ruled that trustee could not avoid the prepetition transfer of real properties from debtor to defendant as trustee failed to raise requisite factual questions on his actual and constructive fraud claims. (Bankr. D. Guam)
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Consumer case opionion summary, case decided on August 03,2018, LexisNexis #0918-054
Aug
03
2018
Brainard, In re--McKeon Law Grp., LLC v. Brainard
Ruling:
Debtor was entitled to claim an exemption in an individual retirement account as the retirement fund distribution was not alimony. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on August 03,2018, LexisNexis #0918-043
Aug
03
2018
Newman, In re--Heritage Equities, LLC v. Newman
Ruling:
Court declined to determine that any debt was nondischargeable as there was insufficient evidence to determine whether there remained a debt from one to the other. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on August 03,2018, LexisNexis #0918-046
Aug
03
2018
Bernhard, In re
Ruling:
Debtor was ineligible to be a chapter 13 debtor as his liquidated unsecured debt exceeded the limit after adding a guaranty that was deemed liquidated. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on August 03,2018, LexisNexis #0918-032
Aug
03
2018
Harris, In re--United States DOL v. Harris
Ruling:
Debtor committed defalcation when he chose to use plan assets to pay himself and other corporate expenses instead of remitting those assets to the employees' health insurance plan. (8th Cir.)
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Consumer case opionion summary, case decided on August 03,2018, LexisNexis #0918-048
Court: Judge or Jurisdiction information not available
Aug
03
2018
D'Arata, In re
Ruling:
Counsel ordered to return fee he charged debtor as he failed provide adequate representation at the debtor's § 341 meetings. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on August 03,2018, LexisNexis #0918-034
Aug
02
2018
Gracia, In re
Ruling:
Confirmation of the debtor's plan denied as basic facts were too unsettled and court could not assess whether debtor has proposed her plan in good faith. (Bankr. N.D. Tex.)
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Consumer case opionion summary, case decided on August 02,2018, LexisNexis #0918-057
Aug
02
2018
Ogalin, In re--Ogalin v. The Cadle Co.
Ruling:
Plaintiff was entitled to avoid the fixing of the judicial liens on her interest in the property because the judicial liens impaired the plaintiff's homestead exemption. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on August 02,2018, LexisNexis #0918-044
Aug
02
2018
Immel, In re
Ruling:
Objection to the lien-avoidance provision of the plan sustained where Wisconsin law prohibited avoidance of a consensual lien on property. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on August 02,2018, LexisNexis #0918-045
Aug
02
2018
Anderson, In re--Anderson Tooling, Inc. v. Anderson
Ruling:
Debt was nondischargeable where court found that debtor's motive was to inflict injury when he intentionally and improperly interfered with business relationships. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on August 02,2018, LexisNexis #0918-051
Aug
02
2018
Rivera, In re--Wiscovitch v. Banco Popular De P.R.
Ruling:
Bank's security interest was unavoidable where debtor's savings account was subject to the bank's lien because the bank had a perfected security interest in the debtor's savings account. (Bankr. D.P.R.)
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Consumer case opionion summary, case decided on August 02,2018, LexisNexis #0918-053
Aug
01
2018
Leeds, In re
Ruling:
Motion to retroactively annul the automatic stay was denied as trustee breached his fiduciary duty to debtor's bankruptcy estate, service of the motion was insufficient, and the doctrine of unclean hands warranted denial of retroactive relief. (Bankr. D. Nev.)
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Consumer case opionion summary, case decided on August 01,2018, LexisNexis #0918-038
Aug
01
2018
Katsiroumbas, In re--Suits v. Katsiroumbas
Ruling:
Discharge was denied as documentary evidence produced by debtor was contradictory and incomplete, and thus insufficient to allow assessment of his financial condition, and testimony did not adequately resolve the ambiguities. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on August 01,2018, LexisNexis #0918-055
Aug
01
2018
SoyNut Butter Co., In re
Ruling:
Objecting parties were entitled to exercise their right to seek indemnification and defense under the insurance policy until the policy limits were exhausted as nothing authorized the trustee to use "free and clear" sales to expand debtor's rights beyond those allowed by the bankruptcy code. (Bankr. N.D. Ill.)
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Commercial case opionion summary, case decided on August 01,2018, LexisNexis #0918-040
Aug
01
2018
Energy Future Holdings Corp., In re
Ruling:
Debtor was not entitled to an administrative expense claim as it was barred by the unambiguous, plain language of the merger agreement. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on August 01,2018, LexisNexis #0918-041