Mar
31
2020
All Resort Grp., Inc., In re--Miller v. United States
Ruling:
Sovereign immunity does not preclude the trustee from avoiding transfers to the IRSalthough trustees claim failed as payments were outside the two-year look back period.(Bankr. D. Utah)
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Commercial case opionion summary, case decided on March 31,2020, LexisNexis #0520-053
Mar
31
2020
Koleit, In re
Ruling:
Debtor's motion for relief from dismissal denied where his argument in the motion that hewas eligible to be a Chapter 13 debtor was incorrect. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on March 31,2020, LexisNexis #0520-054
Mar
31
2020
Derby, In re--Derby v. Portfolio Recovery Assocs., LLC
Ruling:
Debtor entitled to attorney's fees due to defendant's filing of proofs of claim that it knewwere improper. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on March 31,2020, LexisNexis #0520-072
Mar
31
2020
Krisiak, In re
Ruling:
Disgorgement of fee was warranted where bankruptcy counsel could not provide legalservices to complete Chapter 13 cases and assist debtors with post confirmation issues.(Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on March 31,2020, LexisNexis #0520-055
Mar
31
2020
Beal, In re--State Bank of S. Utah v. Beal
Ruling:
Motion to extend denied where creditor's complaint was tardily filed and court found nobasis to extend the time to file it. (Bankr. D. Utah)
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Consumer case opionion summary, case decided on March 31,2020, LexisNexis #0520-073
Mar
30
2020
DSI Renal Holdings, LLC, In re--Giuliano v. Schnabel
Ruling:
Partial summary judgment in fraudulent transfer proceeding granted in favor of transfereewho met the securities safe harbor requirements. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on March 30,2020, LexisNexis #0520-042
Mar
30
2020
Keskey, In re
Ruling:
Creditor was not in contempt of the automatic stay as it acted within its rights to pursuecollection under non-bankruptcy law. (Bankr. W.D. Mich.)
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Consumer case opionion summary, case decided on March 30,2020, LexisNexis #0520-059
Mar
30
2020
Denson, In re--Michael v. Denson
Ruling:
Debt was excepted from discharge where debtor's actions caused personal injury to creditor.(Bankr. S.D. Ind.)
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Consumer case opionion summary, case decided on March 30,2020, LexisNexis #0520-096
Mar
30
2020
Zaidi, In re
Ruling:
Equitable tolling was not available to allow extension of time for creditor’s filing to reopencase. (Bankr. D.N.J.)
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Consumer case opionion summary, case decided on March 30,2020, LexisNexis #0520-100
Court: Judge or Jurisdiction information not available
Mar
30
2020
Va. True Corp., In re--Cipollone v. Applestein
Ruling:
Motion to transfer was granted because transferring the action would promote the economicadministration of debtor's bankruptcy estate and judicial economy. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on March 30,2020, LexisNexis #0520-049
Mar
30
2020
Somogye, In re--Ott v. Somogye
Ruling:
Representations that debtor made about his experience and qualifications to perform newgarage construction and home remodeling were material for the purposes of anondischargeability claim. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on March 30,2020, LexisNexis #0520-034
Mar
30
2020
Smith, In re--Webster Bus. Credit Corp. v. Smith
Ruling:
Debt was nondischargeable as the borrowing base certificates were false and creditor'sreliance on the borrowing base certificates was reasonable. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on March 30,2020, LexisNexis #0520-035
Mar
27
2020
Tawil, In re
Ruling:
Objection to the fee application was overruled as the court did not find grounds to reduceany of the previously approved interim fees and expenses. (Bankr. D.N.J.)
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Consumer case opionion summary, case decided on March 27,2020, LexisNexis #0520-076
Court: Judge or Jurisdiction information not available
Mar
27
2020
Coco Beach Golf & Country Club SE, In re
Ruling:
Trustee was not entitled to administrative expenses as the fees and expenses claimed did notbenefit the estate in any measurable manner. (Bankr. D.P.R.)
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Commercial case opionion summary, case decided on March 27,2020, LexisNexis #0520-027
Court: Judge or Jurisdiction information not available
Mar
27
2020
Hardin, In re--American Zurich Ins. Co. v. Hardin
Ruling:
Motion to dismiss denied where debtor was pursuing a legitimate bankruptcy purpose andhad acted in good faith, fully disclosed his assets and financial affairs, and cooperated withthe trustee. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on March 27,2020, LexisNexis #0520-043