Aug
12
2021
Financial Oversight & Mgmt. Bd. v. Fin. Oversight & Mgmt. Bd.
Ruling:
The Board's motion to assume long-term power supply contracts on behalf of the Puerto RicoElectric Power Authority granted over union's and power company's contentions that therenegotiated contracts were brand new contracts that, as such, could not be assumed. (1st Cir.)
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Commercial case opionion summary, case decided on August 12,2021, LexisNexis #0921-085
Court: Judge or Jurisdiction information not available
Aug
12
2021
Financial Oversight & Mgmt. Bd., In re
Ruling:
Reading "estate" in the context of § 503(b)(1)(A) to mean "property of the debtor" was sensiblein light of the text and structure of Title III and the Bankruptcy Code. (1st Cir.)
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Commercial case opionion summary, case decided on August 12,2021, LexisNexis #0921-086
Court: Judge or Jurisdiction information not available
Aug
11
2021
Pickett, In re
Ruling:
Debtor was not entitled to estate funds that remained on deposit simply because a creditor didnot cash its distribution check. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on August 11,2021, LexisNexis #0921-095
Aug
11
2021
Campbell, In re
Ruling:
Motion for disgorgement granted in part because counsel failed to disclose first fee agreementand payments made to him and tardily filed the succeeding fee agreements. (Bankr. D. Or.)
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Consumer case opionion summary, case decided on August 11,2021, LexisNexis #0921-080
Aug
11
2021
Carbonyx, Inc., In re
Ruling:
Joint plan was proposed in good faith and met all necessary elements by a preponderance ofthe evidence. (Bankr. E.D. Tex.)
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Commercial case opionion summary, case decided on August 11,2021, LexisNexis #1021-015
Aug
11
2021
In re Crawford v. Morris (In re Zimmer)
Ruling:
Creditors' garnishment action against Chapter 7 Trustee was a willful violation of the stay andtriggered sanctions. (Bankr. W.D. Pa.)
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Consumer case opionion summary, case decided on August 11,2021, LexisNexis #0921-084
Aug
11
2021
Heard, In re
Ruling:
Debtor was entitled to an award of attorney fees because a bank's notice indicating that thedebtor's escrow payments were increasing was inaccurate. (Bankr. D. Or.)
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Consumer case opionion summary, case decided on August 11,2021, LexisNexis #0921-100
Aug
10
2021
Delgado, In re
Ruling:
Fee application reduced because counsel's lumping tasks into a single time entry which madeit impossible for court to determine if the time spent was reasonable, redundant, or excessive.(Bankr. D.P.R.)
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Consumer case opionion summary, case decided on August 10,2021, LexisNexis #0921-079
Court: Judge or Jurisdiction information not available
Aug
10
2021
Rickabaugh, In re--Rickabaugh v. Rickabaugh
Ruling:
Dismissal of debtor's Chapter 13 case was not warranted as debtor's efforts to fulfill his dutiesunder the Bankruptcy Code appeared to be reasonable and court did not discern any intent todefraud. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on August 10,2021, LexisNexis #0921-098
Aug
10
2021
Sehman, In re
Ruling:
Debtor's motion for sanctions for violation of the automatic stay was granted as debtor met hisburden to prove that the creditor and the attorneys knew the automatic stay was in place andintended every act that violated the stay. (Bankr. N.D. Fla.)
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Consumer case opionion summary, case decided on August 10,2021, LexisNexis #0921-083
Aug
10
2021
DBMP LLC, In re--DBMP LLC v. Those Parties Listed on Appendix A to Complaint
Ruling:
Official Committee of Asbestos Personal Injury Claimants' motion for relief from automaticstay denied as prejudice to the estate would result if the stay was lifted. (Bankr. W.D.N.C.)
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Commercial case opionion summary, case decided on August 10,2021, LexisNexis #0921-089
Aug
10
2021
Penfound, In re--Penfound v. Ruskin
Ruling:
Chapter 13 debtor could not use retirement contributions from years earlier as a basis forshielding voluntary post-petition contributions from unsecured creditors. (6th Cir.)
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Consumer case opionion summary, case decided on August 10,2021, LexisNexis #0921-090
Court: Judge or Jurisdiction information not available
Aug
09
2021
LaCroix, In re
Ruling:
State department of Revenue's continued collection efforts violated the terms of the confirmedChapter 13 plan. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on August 09,2021, LexisNexis #1021-049
Aug
09
2021
Egizii, In re
Ruling:
Debtor's claim of exemption in a residential condominium was allowed as he held title withhis wife as tenants by the entirety, and controlling state law protected the property fromclaims by the creditors of only one of the spouses. (Bankr. C.D. Ill.)
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Consumer case opionion summary, case decided on August 09,2021, LexisNexis #0921-087
Aug
09
2021
Purdue Pharma L.P., In re
Ruling:
Names of current business counterparties and investment advisors to family members whoowned debtor or their businesses were not subject to the "confidential commercialinformation" exception to the disclosure mandate. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on August 09,2021, LexisNexis #0921-076