Jun
06
2018
GGI Props., LLC, In re--GGI Props., LLC v. City of Millville
Ruling:
Transfer could be avoided as it was determined fraudulent where there had been transfer of property to a municipality within 2 years before the date of the filing of the petition, which debtor did not receive reasonably equivalent value, and at the time of the transfer, debtor was or became insolvent. (Bankr. D.N.J.)
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Commercial case opionion summary, case decided on June 06,2018, LexisNexis #0718-048
Jun
05
2018
Quinn, In re
Ruling:
Debtor's chapter 13 plan could not be confirmed as it unfairly discriminated against unsecured creditors who received nothing under the plan. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on June 05,2018, LexisNexis #0718-059
Jun
05
2018
Traversa, In re
Ruling:
Court denied debtor's motion to reopen case where debtor failed to allege any injury for willful violations. (Bankr. E.D. Pa.)
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Consumer case opionion summary, case decided on June 05,2018, LexisNexis #0718-032
Jun
05
2018
Mastro, In re--Rigby v. Mastro
Ruling:
Court held that bankruptcy court had authority to compel a debtor to sign a consent directive in furtherance of debtor's obligation to provide recorded information to trustee. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on June 05,2018, LexisNexis #0718-035
Jun
04
2018
Emerald Grande, LLC, In re
Ruling:
Court denied creditors' motion to convert case as creditors failed to demonstrate that debtor has grossly mismanaged its estate. (Bankr. N.D. W. Va.)
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Commercial case opionion summary, case decided on June 04,2018, LexisNexis #0718-055
Jun
04
2018
Fagerdala USA-Lompoc, Inc., In re--Pac. W. Bank v. Fagerdala USA-Lompoc, Inc.
Ruling:
Bankruptcy court erred when it refused to analyze whether the secured creditor acted under an ulterior motive beyond its mere enlightened self-interest in protecting its secured claim. (9th Cir.)
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Commercial case opionion summary, case decided on June 04,2018, LexisNexis #0718-056
Court: Judge or Jurisdiction information not available
Jun
04
2018
Palmaz Sci., Inc., Segner v. Admiral Ins. Co.
Ruling:
It was not unreasonable to interpret the assignment of litigation trust assets, not as a contractual assignment, but rather as a vesting of assets from one entity to another entity. (Bankr. W.D. Tex.)
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Commercial case opionion summary, case decided on June 04,2018, LexisNexis #0718-058
Jun
01
2018
Hart, In re
Ruling:
Joint motion to dismiss or convert debtor's current chapter 11 proceeding denied where debtor's five other bankruptcy proceedings suggested presence of bad faith. (Bankr. D. Nev.)
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Consumer case opionion summary, case decided on June 01,2018, LexisNexis #0718-054
Jun
01
2018
Nat'l Truck Funding LLC, In re
Ruling:
Modification of plan was not material as to a creditor as the creditor voted to reject the plan and creditor lacked standing to object to the plan's modification. (Bankr. S.D. Miss.)
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Commercial case opionion summary, case decided on June 01,2018, LexisNexis #0718-057
Jun
01
2018
HNRC Dissolution Co., In re--Giese v. Lexington Coal Co.
Ruling:
Bankruptcy court was not required to abstain from adjudicating appellant's causes of actionwhere panel held that appellant's claims were inextricably intertwined with the bankruptcycase and would not exist but for the bankruptcy. (B.A.P. 6th Cir.)
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Commercial case opionion summary, case decided on June 01,2018, LexisNexis #0718-028
Jun
01
2018
Muhammad, In re
Ruling:
Court ruled that overpayment of benefits through the FoodShare program was not a domesticsupport obligation as it was incurred on behalf of debtor's grandchild. (Bankr. W.D. Wis.)
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Consumer case opionion summary, case decided on June 01,2018, LexisNexis #0718-015
Jun
01
2018
Mirchou, In re
Ruling:
Motion to reopen debtor's bankruptcy case granted where there was a need to clarify whether a creditor's lien against certain real property had been avoided, terminated, or modified by an earlier order. (Bankr. D. Nev.)
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Consumer case opionion summary, case decided on June 01,2018, LexisNexis #0718-031
Jun
01
2018
Murphy, In re--Murphy v. United States
Ruling:
Debtor granted a discharge of her student loan debt as court determined that debtor's loanswere undue hardship to her and her dependents. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on June 01,2018, LexisNexis #0718-017
Jun
01
2018
Walnut Hill, Inc., In re
Ruling:
Motion for extension of deadline to file avoidance actions was denied where Rule 9006(b) didnot apply to § 546(a) and thus it was unnecessary to determine whether cause was shown foran extension of the statutory deadline. (Bankr. D. Conn.)
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Commercial case opionion summary, case decided on June 01,2018, LexisNexis #0718-019
May
31
2018
Dos Santos, In re--Jefferson Cty. Dep't of Human Servs. v. Dos Santos
Ruling:
Adversary proceeding dismissed where creditor waited a year and a half to bring the dischargeability complaint and the delay was unreasonable, unexplained, and prejudicial to the debtor. (Bankr. D. Colo.)
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Consumer case opionion summary, case decided on May 31,2018, LexisNexis #0718-038