Aug
15
2018
Beckford, In re--Beckford v. Romano
Ruling:
Court ordered attorney to pay the debtor actual damages as the attorney's act of filing a contempt motion in state court after the debtor declared bankruptcy violated the automatic stay. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on August 15,2018, LexisNexis #0918-097
Aug
15
2018
Gray-Morgan, In re--Suhar v. Gray-Morgan
Ruling:
Discharge revoked for debtor's failure to comply with court's order requiring debtor to turn over nonexempt portions of her federal and state income tax refunds to the trustee. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on August 15,2018, LexisNexis #0918-113
Aug
15
2018
Whiteside, In re--Whiteside v. Navient-Dep't of Educ.
Ruling:
Clerk's entry of default was set aside for insufficient service of process as simply mailing a summons to a post office box does not suffice. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on August 15,2018, LexisNexis #0918-120
Aug
14
2018
Murray, In re--Wilk Auslander LLP v. Murray
Ruling:
Court did not abuse its discretion in dismissing chapter 7 involuntary bankruptcy petition that was simply a judgment enforcement tactic for a two-party dispute for which there were adequate remedies under state law. (2d Cir.)
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Consumer case opionion summary, case decided on August 14,2018, LexisNexis #0918-093
Court: Judge or Jurisdiction information not available
Aug
14
2018
Taylor, In re--William F. Sandoval Irrevocable Trust v. Taylor
Ruling:
Court concluded that impairment calculation must use the value of other liens on the home corresponding to the debtor's percentage of ownership, rather than the full amount of the liens. (10th Cir.)
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Consumer case opionion summary, case decided on August 14,2018, LexisNexis #0918-102
Court: Judge or Jurisdiction information not available
Aug
13
2018
Digital Networks N. Am., Inc., In re--Miller v. D&M Holdings US Inc.
Ruling:
Trustee’s complaint seeking to avoid a pre-petition setoff was dismissed for trustee's failure to plead a § 553 insufficiency claim. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on August 13,2018, LexisNexis #0918-109
Aug
13
2018
Sky Country Estates, LLC, In re
Ruling:
Property Owners' Association's motion to dismiss LLC's bankruptcy case was denied where court held that the case was not a two-party dispute. (Bankr. D.N.M.)
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Commercial case opionion summary, case decided on August 13,2018, LexisNexis #0918-094
Aug
13
2018
Holt, In re
Ruling:
Debtors' motion to convert was denied where conversion was filed in bad faith as misstatements were significant, intentional, and included erroneous statements. (Bankr. S.D. Ind.)
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Consumer case opionion summary, case decided on August 13,2018, LexisNexis #0918-110
Aug
13
2018
Walch, In re
Ruling:
Farmer's application for allowance of administrative expense claim was denied as he failed to establish his entitlement to it. (Bankr. C.D. Ill.)
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Consumer case opionion summary, case decided on August 13,2018, LexisNexis #0918-098
Aug
13
2018
Glenn, In re--21st Mortg. Corp. v. Glenn
Ruling:
Delivery and setup costs must not be included in the valuation of a retained mobile home in a chapter 13 proceeding. (5th Cir.)
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Consumer case opionion summary, case decided on August 13,2018, LexisNexis #0918-099
Court: Judge or Jurisdiction information not available
Aug
13
2018
Gospodarek, In re
Ruling:
Objection to debtors' proposed plan modification was sustained where debtors did not comply with the order that required them to pay into the plan one-half of their 2016 and 2017 tax refunds for the benefit of creditors with allowed unsecured claims. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on August 13,2018, LexisNexis #0918-117
Aug
13
2018
Lehman Bros. Holdings Inc., In re--Lehman Bros. Holdings Inc. v. 1st Advantage Mortg., LLC
Ruling:
Defendants' motion to dismiss was denied where exception was not applicable as the indemnification claims did not arise from any post-petition business of the liquidated debtors. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on August 13,2018, LexisNexis #0918-119
Aug
10
2018
Calrissian LP, In re
Ruling:
Court converted the case to one under chapter 7 with the caveat that trustee should not hesitate to determine that the case was not warranted if she did not believe she could make a strong case or if she was unable to secure contingency counsel or funding. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on August 10,2018, LexisNexis #0918-114
Aug
10
2018
Woldstad, In re
Ruling:
Trustee's objection to the plan was overruled where debtor's daughter was a member of his household because she lived with him more than a de minimis portion of each month and was his financial dependent under the "economic unit" approach. (Bankr. W.D. Wash.)
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Consumer case opionion summary, case decided on August 10,2018, LexisNexis #0918-116
Aug
10
2018
Clothier, In re--Clothier v. IRS
Ruling:
Debtors' motion for summary judgment was granted where the 2008 tax debt was not a priority claim as debtors' 2008 tax return was last due more than three years before the filing of their chapter 7 case. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on August 10,2018, LexisNexis #0918-101