May
25
2020
Kleynerman, In re
Ruling:
Creditor's motion for Rule 2004 Examination was denied due to the speculative nature ofcreditor's declaration, the credible nature of declarations of three owners of debtor's companyand the questionable lateness of the motion. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on May 25,2020, LexisNexis #0720-024
May
22
2020
Schuessler v. United States SBA
Ruling:
Plaintiffs' request for injunctive relief denied where 11 U.S.C. § 525(a) did not preclude theSBA from denying government-subsidized Paycheck Protection Program (PPP) to Chapter 12debtors. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on May 22,2020, LexisNexis #0720-017
May
22
2020
Maes, In re
Ruling:
Debtor’s daughter could file petition on her behalf due to dementia and severe memory loss.(Bankr. D. Colo.)
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Commercial case opionion summary, case decided on May 22,2020, LexisNexis #0720-022
May
22
2020
Dernick, In re
Ruling:
Court declined to impose sanctions as debtors' motion to disqualify counsel for companyformerly owned by debtors was reasonable and not objectively frivolous. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on May 22,2020, LexisNexis #0720-025
May
22
2020
Valdivia, In re--Hauk v. Valdivia
Ruling:
Debtor was entitled to summary judgment on the creditor's nondischargeability claims asnone of the judgment debt was a debt caused by bad faith. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on May 22,2020, LexisNexis #0720-012
May
22
2020
Melhem, In re--DeLaiarro v. Melhem
Ruling:
Debt not excepted from discharge where creditor failed to establish each and every element ofthe test for nondischargeability. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on May 22,2020, LexisNexis #0720-013
May
21
2020
Woods, In re--Slack v. Woods
Ruling:
Debt was nondischargeable where creditor's reliance on the representations or upon debtor'ssilence was justifiable. (Bankr. N.D. Okla.)
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Consumer case opionion summary, case decided on May 21,2020, LexisNexis #0720-015
May
21
2020
Brown, In re--Ostrander v. Brown
Ruling:
Bankruptcy court erred in finding that pre-petition, uncashed retirement check was notproperty of the estate. (B.A.P. 1st Cir.)
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Consumer case opionion summary, case decided on May 21,2020, LexisNexis #0720-018
May
20
2020
McDermott Int'l, Inc., In re
Ruling:
Employment of financial advisor and support personnel approved as necessary for success ofthe case. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on May 20,2020, LexisNexis #0720-003
May
20
2020
Morales, In re--Morales v. Banco Popular de P.R.
Ruling:
Secured creditor that filed a proof of claim violated the automatic stay by requesting payment.(Bankr. D.P.R.)
Court: Judge or Jurisdiction information not available
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Commercial case opionion summary, case decided on May 20,2020, LexisNexis #0720-008
May
19
2020
Rubash, In re--Rubash v. United States, Dep't of Educ.
Ruling:
Debtor's student loan was nondischargeable where there was no evidence that debtor wascurrently unable to maintain a minimal standard of living. (Bankr. W.D. Pa.)
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Consumer case opionion summary, case decided on May 19,2020, LexisNexis #0720-016
May
19
2020
Adamo, In re--Pergament v. Hofstra Univ.
Ruling:
Debtor’s tuition payments on behalf of children were not avoidable where universities werethe subsequent transferees of the payments. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on May 19,2020, LexisNexis #0720-019
May
19
2020
Hanover, In re
Ruling:
Professional fees requested by counsel hired by a Chapter 7 trustee were reduced as anexcessive amount of time was spent on certain services. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on May 19,2020, LexisNexis #0720-005
May
19
2020
Eppolito, In re
Ruling:
Case reopened for the appointment of a Chapter 7 trustee to conduct an inquiry as to whetherthe personal injury settlement proceeds constituted property of the debtors' estate. (Bankr. E.D.Pa.)
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Consumer case opionion summary, case decided on May 19,2020, LexisNexis #0720-007
May
18
2020
Walker, In re--Muldoon v. Walker
Ruling:
Debt could not be excepted from discharge as there was no evidence as to whatrepresentations the debtor had made to the creditor and what her intent was in making thoserepresentations. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on May 18,2020, LexisNexis #0720-014