Sep
22
2023
English, In re
Ruling:
Debtor's admission that he filed Chapter 7 to avoid paying a deficiency judgment did notmerit dismissal of the case for bad faith. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on September 22,2023, LexisNexis #1123-093
Sep
22
2023
Stephenson, In re--District of Columbia v. Stephenson
Ruling:
Chapter 11 debtors who had post-petition domestic support obligations and did not make allsuch payments were not entitled to a discharge even if they made all payments under theirplan. (Bankr. D.D.C.)
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Commercial case opionion summary, case decided on September 22,2023, LexisNexis #1123-097
Court: Judge or Jurisdiction information not available
Sep
22
2023
Grupo Aeromexico, In re--Invictus Glob. Mgmt., LLC v. Monomoy Cap. Partners LLC
Ruling:
Exculpatory clause in Chapter 11 plan did not bar state law action. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on September 22,2023, LexisNexis #1123-099
Sep
22
2023
McGee, In re--McGee v. World Bus. Lenders, LLC
Ruling:
Res judicata barred the debtor's adversary proceeding as each of the issues raised in thedebtor's complaint was raised, litigated, and resolved, or should have been raised, in thedebtor's prior state court suit. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on September 22,2023, LexisNexis #1123-082
Sep
21
2023
Griego, In re--Griego v. FGMS Holding, LLC
Ruling:
Defendants' failure to file a Fed. R. Bankr. P. 2016(a) disclosure of compensation was a bar tothe defendants receiving any attorney's fees and costs in the case. (Bankr. W.D. Tex.)
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Consumer case opionion summary, case decided on September 21,2023, LexisNexis #1123-085
Sep
21
2023
Stovall, In re
Ruling:
Debtors' motion to avoid the judicial lien of creditor on their residence was denied asnonexempt equity remained against which the lien could and did attach. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on September 21,2023, LexisNexis #1123-087
Sep
21
2023
Robinson v. Burden
Ruling:
Sanctions were imposed in favor of the representative of the bankruptcy estate as actionstaken by defendant to control the property of the estate constituted bad faith. (Bankr. E.D. La.)
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Consumer case opionion summary, case decided on September 21,2023, LexisNexis #1123-080
Sep
21
2023
Savva's Rest., Inc., In re--TD Bank, N.A. v. KB Ins. Co.
Ruling:
Bank was entitled to a declaration that it had a right to payment under the policy as the bankheld a separate insurable interest in the debtor's property pursuant to amounts disbursed ondebtor’s behalf. (Bankr. E.D.N.Y.)
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Commercial case opionion summary, case decided on September 21,2023, LexisNexis #1123-081
Sep
20
2023
Strait, In re
Ruling:
Fees charged for defending the first fee application were excessive, even if they werecompensable notwithstanding the ASARCO holding. (Bankr. W.D. Mich.)
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Consumer case opionion summary, case decided on September 20,2023, LexisNexis #1123-056
Sep
20
2023
Cain, In re
Ruling:
Creditor's motion to vacate was not filed within 180 days of the order approving the thirdmodified Chapter 13 plan and provided no basis for a finding of fraud. (Bankr. D. Del.)
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Consumer case opionion summary, case decided on September 20,2023, LexisNexis #1123-075
Sep
20
2023
Teal Props., In re
Ruling:
Relief from the automatic stay to permit the filing of suit in state court was denied asterminating the stay would be contrary to its central purpose. (Bankr. E.D. Tenn.)
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Commercial case opionion summary, case decided on September 20,2023, LexisNexis #1123-079
Sep
20
2023
Fantaci, In re
Ruling:
Debtor had no standing to object to proofs of claim as he bargained his participation rightsaway to the trustee in exchange for considerable concessions and releases by the estate. (Bankr.E.D. La.)
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Consumer case opionion summary, case decided on September 20,2023, LexisNexis #1123-066
Sep
20
2023
Marshall, In re
Ruling:
Appointment of a Chapter 11 trustee was warranted as financial advisor to whom debtor hadceded control over business was not able to act as an independent fiduciary. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on September 20,2023, LexisNexis #1123-068
Sep
19
2023
Bahosh, In re
Ruling:
Chapter 13 could not be used to ward off foreclosure without any prospect of obtainingconfirmation of a plan that provided for the mortgage claim. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on September 19,2023, LexisNexis #1123-054
Sep
19
2023
Kake Tribal Corp., In re
Ruling:
Creditors were not entitled to have Chapter 11 case reopened as the plan was confirmed morethan 20 years ago and the present dispute was based on state court decisions. (Bankr. D. Alaska)
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Commercial case opionion summary, case decided on September 19,2023, LexisNexis #1123-057