Feb
23
2023
Dedrick, In re--Kelly v. McDonald
Ruling:
Plaintiff established the elements to avoid and set aside a transfer to defendant as debtor testified she paid defendant for back rent and there was a financial trail. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on February 23,2023, LexisNexis #0423-063
Feb
22
2023
Kupperstein, In re--Kupperstein v. Schall
Ruling:
Denial of discharge affirmed as debtor's omissions of mortgage and the assignment he received of the property's leases and rents were false oaths. (1st Cir.)
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Consumer case opionion summary, case decided on February 22,2023, LexisNexis #0423-067
Court: Judge or Jurisdiction information not available
Feb
22
2023
Bartenwerfer v. Buckley
Ruling:
Debtor held jointly liable with her boyfriend in state court for fraud could not discharge the debt regardless of whether she actually committed the fraud. (Supreme Court)
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Consumer case opionion summary, case decided on February 22,2023, LexisNexis #0423-031
Court: Judge or Jurisdiction information not available
Feb
22
2023
TPC Grp. Inc., In re
Ruling:
Tort plaintiffs could not pursue pre-petition veil-piercing claims post-confirmation as they were estate causes of action that had been settled and released in the confirmed plan. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on February 22,2023, LexisNexis #0423-061
Feb
21
2023
Lampton, In re
Ruling:
Court saw no reason to award the flat rate fees requested absent explanation. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on February 21,2023, LexisNexis #0423-053
Feb
21
2023
Saha, In re
Ruling:
Chapter 13 debtor could not modify mortgage lender's claim secured only by debtor's principal residence. (Bankr. D.N.J.)
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Consumer case opionion summary, case decided on February 21,2023, LexisNexis #0423-055
Court: Judge or Jurisdiction information not available
Feb
21
2023
Williamson, In re
Ruling:
Social security benefits were not disposable income and were excluded from the debtors' current monthly income. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on February 21,2023, LexisNexis #0423-074
Feb
17
2023
Merchant, In re
Ruling:
Sale of certain property of the estate and a compromise in division of sale proceeds was authorized as relief requested in the motion was in the best interests of the debtor's estate, its creditors, and other parties in interest. (Bankr. D. Del.)
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Consumer case opionion summary, case decided on February 17,2023, LexisNexis #0423-057
Feb
17
2023
Anthony, In re--Moyer v. Anthony
Ruling:
Debt for sanctions that debtor owed to plaintiffs was excepted from discharge as there was no question that debtor's actions were both willful and malicious and that she intended to cause injury to the plaintiffs. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on February 17,2023, LexisNexis #0423-034
Feb
17
2023
Cent. Fla. Civ., LLC, In re
Ruling:
Plan injunction to enjoin creditors from pursuing claims against non-debtors was approved as without the injunction, the debtor's reorganization would likely fail. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on February 17,2023, LexisNexis #0523-005
Feb
16
2023
Pope, In re--Pope v. U.S. Bank, N.A.
Ruling:
Plaintiff who obtained favorable judgment was contractually obligated to pay the attorneys’ fees and costs as the retention agreement provided that payment was contingent upon recovery or successful result. (Bankr. D.N.H.)
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Consumer case opionion summary, case decided on February 16,2023, LexisNexis #0423-056
Court: Judge or Jurisdiction information not available
Feb
16
2023
Mitchell-Smith, In re--Palmer v. Mitchell
Ruling:
Sale of single-family property ordered free and clear of interest of debtor’s son. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on February 16,2023, LexisNexis #0423-058
Feb
15
2023
Terry Graham Trucking Inc., In re
Ruling:
Order of relief against involuntary debtor was warranted as the petitioners met their burden for filing the petition. (Bankr. W.D. La.)
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Consumer case opionion summary, case decided on February 15,2023, LexisNexis #0423-028
Feb
15
2023
Hegedus, In re--Hegedus v. United States Bank, N.A.
Ruling:
Debtors failed to plead facts or a valid legal basis to support their cause of action for a violation of discharge injunction. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on February 15,2023, LexisNexis #0423-035
Feb
15
2023
Gentry, In re--Day v. Gentry
Ruling:
Proceeding for denial of discharge dismissed absent showing that undisclosed LLC had value to the estate or that the debtor's statements on her schedules that she was unemployed and had no income were false. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on February 15,2023, LexisNexis #0423-039