Aug
12
2020
Nichols, In re--Nichols v. Marana Stockyard & Livestock Mkt., Inc.
Ruling:
Conversion of Chapter 13 case to Chapter 7 rather than dismissal affirmed as in the bestinterests of creditor. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on August 12,2020, LexisNexis #0920-071
Aug
12
2020
Elliott v. Pac. Western Bank
Ruling:
Perfected lien on the debtor's IRA funds was not voidable as the lien did not impair aninterest in his property on the date he filed his Chapter 7 bankruptcy petition. (9th Cir.)
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Consumer case opionion summary, case decided on August 12,2020, LexisNexis #0920-059
Court: Judge or Jurisdiction information not available
Aug
12
2020
Smith, In re
Ruling:
Property could not be recovered for the estate where debtor was divested of legal title to theproperty several months prior to the commencement of the bankruptcy case.. (Bankr. N.D.Miss.)
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Consumer case opionion summary, case decided on August 12,2020, LexisNexis #0920-064
Aug
11
2020
Hughes, In re
Ruling:
Automatic stay lifted as debtor failed to make post-petition mortgage payments for more thantwo years with no intention of providing for the claim or the lien. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on August 11,2020, LexisNexis #0920-055
Aug
11
2020
Motors Liquidation Co., In re
Ruling:
Motions to file late proofs of claim ten years after the bar date denied as plaintiffs failed toestablish excusable neglect. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on August 11,2020, LexisNexis #0920-075
Aug
11
2020
Landon, In re--Ford v. Landon
Ruling:
Probate judgment did not provide sufficient evidence to satisfy the element of willfulness fordetermination of nondischargeability. (Bankr. N.D. Okla.)
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Consumer case opionion summary, case decided on August 11,2020, LexisNexis #0920-061
Aug
10
2020
Gray, In re--Louisiana Workforce Comm'n v. Gray
Ruling:
Creditor's motion seeking a judgment that debt owed by debtor was nondischargeable wasgranted as the debtor represented that he was unemployed even during periods he wasemployed and earning wages. (Bankr. W.D. La.)
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Consumer case opionion summary, case decided on August 10,2020, LexisNexis #0920-060
Aug
10
2020
Dear, In re
Ruling:
Debtor's motion for imposition of automatic stay in third case filed after two dismissals wasgranted where he filed the petition in good faith with clear and convincing evidence. (Bankr.D. Kan.)
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Consumer case opionion summary, case decided on August 10,2020, LexisNexis #0920-054
Aug
08
2020
In re--Murray Oak Grove Coal, LLC v. Bay Point Capital Partners II, LP
Ruling:
Court required application of the replacement-value standard as secured creditor's collateralwas not being surrendered to the creditor. (Bankr. S.D. Ohio)
Court: 6th Circuit ( ) [ Bankruptcy Court ]
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Commercial case opionion summary, case decided on August 08,2020, LexisNexis #0920-057
Aug
08
2020
Khan, In re
Ruling:
Fees the firm incurred in rendered legal service was reasonable, but the number of hours spentin seeking the court's approval was not. (Bankr. W.D. Mich.)
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Consumer case opionion summary, case decided on August 08,2020, LexisNexis #0920-051
Aug
08
2020
Murray Metallurgical Coal Holdings, LLC, In re
Ruling:
Creditor could not elect to treat its claim as fully secured where collateral was being soldunder the plan and forfeited any right it had to credit bid on the collateral alone when itconsented to the bidding procedures. (Bankr. S.D. Ohio)
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Commercial case opionion summary, case decided on August 08,2020, LexisNexis #0920-068
Aug
07
2020
Glaspell, In re--Glaspell v. United States
Ruling:
Debtor’s complaint for reimposition of the automatic stay denied and subrogation of creditor’sclaim against the estate was not available as debtor and the estate were not co-debtors. (Bankr.N.D. W. Va.)
Court: Judge or Jurisdiction information not available
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Consumer case opionion summary, case decided on August 07,2020, LexisNexis #0920-058
Aug
07
2020
Fansteel Foundry Corp., In re--Dooley v. Luxfer MEL Techs.
Ruling:
Bankruptcy court's decision that ordinary course of business defense did not apply wasremanded for explanation as to why the court adopted 47 days as the cut-off period. (B.A.P. 8thCir.)
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Commercial case opionion summary, case decided on August 07,2020, LexisNexis #0920-065
Aug
07
2020
Moore v. Sanchez (In re Sanchez)
Ruling:
Discharge denied as the debtor made false statements under oath regarding ownership ofthree motor vehicles. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on August 07,2020, LexisNexis #0920-066
Court: Judge or Jurisdiction information not available
Aug
07
2020
Seven Stars on the Hudson Corp., In re
Ruling:
Case was dismissed for failure to meet statutory deadlines as debtor elected to proceed underSubchapter V after the applicable deadlines had passed. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on August 07,2020, LexisNexis #0920-070