Aug
18
2021
LTC Holdings, Inc., In re--Giuliano v. Ins. Co. of the Pa.
Ruling:
Subrogee's subrogation rights were subordinate to the United States' claims that were notpaid in full when settlement was approved. (3d Cir.)[1]-The United States was not yet paid "in full" when the Bankruptcy Court approved the SettlementOrder. Thus, pursuant to 11 U.S.C. § 509(c), the subrogee's subrogation rights were subordinate to theUnited States' remaining and superior claim at the time of the settlement; [2]- The United States wastherefore entitled to waive its setoff rights to satisfy its own claim, and the waiver extinguished thesubrogee's ability to be subrogated to those rights.LTC Holdings, Inc., In re--Giuliano v. Ins. Co. of the Pa., 2021 U.S. App. LEXIS 24643 (3d Cir. August 18, 2021)(Smith, C.C.J.).
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Commercial case opionion summary, case decided on August 18,2021, LexisNexis #1021-005
Court: Judge or Jurisdiction information not available
Aug
17
2021
Ascue, In re
Ruling:
United States' collection efforts did not violate the discharge injunction as debt wasdeclared nondischargeable in a prior proceeding and res judicata precluded re-litigation ofall claims. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on August 17,2021, LexisNexis #1021-009
Aug
17
2021
Wood, In re--Wheatley v. Wood
Ruling:
Trustee's proposed settlement of proceeding to avoid pre-petition transfers was deniedbecause the trustee failed to meet his burden of proof as to any of the four necessaryelements. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on August 17,2021, LexisNexis #1021-025
Aug
17
2021
218 Jackson LLC, In re
Ruling:
Subchapter V trustee was not disinterested where it held an interest materially adverse todebtor’s principal in another case. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on August 17,2021, LexisNexis #1021-016
Aug
17
2021
MTE Holdings LLC, In re
Ruling:
Backup bidder's motion to enforce bid procedures order denied as the order gave thedebtors the right to waive the strict enforcement of the order's terms. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on August 17,2021, LexisNexis #1021-004
Aug
16
2021
Prifti, In re--Criswell Chevrolet, Inc. v. Prifti
Ruling:
Debt was dischargeable because debtor did not intend to defraud the creditor as debtor'seffort to sell his own car fell through. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on August 16,2021, LexisNexis #1021-007
Aug
16
2021
Rivera, In re
Ruling:
Court lacked jurisdiction to reopen case to strip the second mortgage from the condo thathad vested in debtor upon chapter 13 plan confirmation. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on August 16,2021, LexisNexis #1021-023
Aug
16
2021
Claudio Diaz, In re--Banco Popular De P.R. v. Claudio Diaz
Ruling:
Lender creditor was entitled to summary judgment declaring its lien on borrower debtor'sproperty valid as debtor had not filed an adversary proceeding to determine the lien'svalidity. (Bankr. D.P.R.)
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Consumer case opionion summary, case decided on August 16,2021, LexisNexis #1021-010
Court: Judge or Jurisdiction information not available
Aug
16
2021
Hopkins, In re
Ruling:
Debtor's counsel sanctioned for failure to appear at hearings and did not provide anyexplanation in response to order to show cause. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on August 16,2021, LexisNexis #1021-026
Aug
16
2021
Bliss, In re--United States Bank v. Bliss
Ruling:
Relief from stay granted because debtor had filed three bankruptcy cases affecting theproperty that was the subject of foreclosure. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on August 16,2021, LexisNexis #1021-002
Aug
13
2021
Amjed Faraj Hatu, In re--Angell v. Southco Distrib. Co.
Ruling:
Plaintiffs were not held to the particularity standard as fraudulent conduct was not at issueand the complaint sufficiently pled the claims. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on August 13,2021, LexisNexis #0921-093
Aug
13
2021
Gabbidon Builders LLC, In re
Ruling:
Attorney's fee application was denied because the attorney accepted a cashier's check from thedebtor and used the funds to pay his retainer fee and Chapter 11 filing fee. (Bankr. W.D.N.C.)
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Commercial case opionion summary, case decided on August 13,2021, LexisNexis #0921-078
Aug
13
2021
Davis, In re--Paulsen v. Davis
Ruling:
Plaintiff had no claim regarding the property of an LLC owned by debtors because theassets of the LLC were not property of debtors or property of the estate. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on August 13,2021, LexisNexis #1021-012
Aug
13
2021
Sundaram, In re--Sundaram v. Briry, LLC
Ruling:
Insurance proceeds paid to creditor pursuant to bankruptcy court order prior to dismissal ofchapter 13 case were not required to be returned to the debtor. (1st Cir.)
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Consumer case opionion summary, case decided on August 13,2021, LexisNexis #0921-082
Court: Judge or Jurisdiction information not available
Aug
12
2021
Dees, In re--NewRez LLC v. Dees
Ruling:
Creditor loan servicer was entitled to stay relief because it had a colorable claim to enforce thenote and security deed. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on August 12,2021, LexisNexis #1021-030