Mar
11
2019
Goins, In re
Ruling:
Summary judgment in avoidance proceeding granted where trustee failed to establish thatdebtor received less than a reasonably equivalent value in exchange for the transfer. (Bankr.N.D. Tex.)
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Consumer case opionion summary, case decided on March 11,2019, LexisNexis #0519-038
Mar
11
2019
Wilton Armetale, Inc., In re--Wilton Armetale, Inc. v. Gordon Bros. Commer. & Indus., LLC
Ruling:
Adversary proceeding dismissed where Chapter 7 trustee abandoned estate's claims againstcreditor. (Bankr. E.D. Pa.)
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Commercial case opionion summary, case decided on March 11,2019, LexisNexis #0519-040
Mar
08
2019
In Cha Rim, In re
Ruling:
Trustee's motion for entry of default judgment was granted as the allegations created a reasonable inference that debtor was insolvent at the time of the transfer. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on March 08,2019, LexisNexis #0419-087
Mar
08
2019
Las Uvas Valley Dairies, In re--Metropolitan Life Ins. Co. v. Las Uvas Valley Dairies
Ruling:
Unsecured creditors' committee could not avoid a major secured creditor's mortgages on water rights associated with property mortgaged by debtor because the Water Right Change of Ownership Statute did not apply to mortgages. (Bankr. D.N.M.)
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Commercial case opionion summary, case decided on March 08,2019, LexisNexis #0419-088
Court: Judge or Jurisdiction information not available
Mar
08
2019
Lawson, In re--Lawson v. Shehan
Ruling:
Contempt order is not a remedy for a violation of the automatic stay. (Bankr. E.D. Ark.)
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Consumer case opionion summary, case decided on March 08,2019, LexisNexis #0519-028
Mar
08
2019
Pinnick, In re--Pinnick v. No Respondent
Ruling:
Motion to dismiss Chapter 7 case denied as debtor's mistaken belief that her home would beprotected in bankruptcy was not by itself a reason to dismiss given the relatively small claimsof four general unsecured creditors. (Bankr. W.D. Pa.)
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Consumer case opionion summary, case decided on March 08,2019, LexisNexis #0419-063
Mar
08
2019
Sarfraz, In re
Ruling:
Court denied confirmation of debtor's Chapter 13 plan that was not proposed in good faith. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on March 08,2019, LexisNexis #0419-092
Mar
08
2019
McCallan v. Sanfilippo
Ruling:
Court had subject matter jurisdiction over Stern claim which was treated as a noncore proceeding. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on March 08,2019, LexisNexis #0419-095
Mar
08
2019
Orellana, In re
Ruling:
Remand was required to determine whether debtors provided copy of their last filed federal income tax return within seven days of the meeting of creditors. (Bankr. N.D. W. Va.)
Court: Judge or Jurisdiction information not available
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Consumer case opionion summary, case decided on March 08,2019, LexisNexis #0419-082
Mar
08
2019
Seiffert, In re
Ruling:
Debtors' mere failure to surrender mobile home to creditor did not constitute a meritoriousground to delay the entry of a discharge order. (Bankr. N.D. Tex.)
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Consumer case opionion summary, case decided on March 08,2019, LexisNexis #0519-059
Mar
08
2019
Wong, In re
Ruling:
Debtor's failure to list the accounts receivable on his bankruptcy schedule was not a false oathas creditor failed to prove that debtor personally owned these accounts. (Bankr. C.D. Cal.)
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Consumer case opionion summary, case decided on March 08,2019, LexisNexis #0519-041
Mar
07
2019
Rey, In re
Ruling:
Mortgagee's motion to confirm sale granted as the sale occurred before the bankruptcy was filed and the debtor's right to redeem expired at the time of the sale. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on March 07,2019, LexisNexis #0419-086
Mar
07
2019
Gas-Mart United States, Inc., In re--Lauter v. Wells Fargo Bank, N.A.
Ruling:
Creditor's complaint to avoid preferential transfer was overruled in part as plaintiff established that payments it received were a contemporaneous exchange for new value. (Bankr. W.D. Mo.)
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Commercial case opionion summary, case decided on March 07,2019, LexisNexis #0419-089
Mar
07
2019
TS Empl., Inc., In re--Feltman v. Kossoff & Kossoff LLP
Ruling:
The non-statutory insider exception did not apply where defendant as accountant did not exert any degree of control in perpetrating fraud. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on March 07,2019, LexisNexis #0419-074
Mar
07
2019
Buchanan, In re
Ruling:
Court approved fee application of debtors' counsel under 11 U.S.C. § 330 where requested fees were reasonable. (Bankr. W.D. Mich.)
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Consumer case opionion summary, case decided on March 07,2019, LexisNexis #0419-075