Sep
28
2018
Anketell, In re--Riley v. Anketell
Ruling:
Trustee allowed to sell both estate's and co-owner's interest in real property as the co-owner failed to show that she would suffer economic hardship. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-037
Sep
28
2018
Recinos
Ruling:
Plan was subject to anti-modification prohibition as it specifically asserted that the propertyat issue was the debtor's principal residence rather than an investment property. (Bankr. D.Nev.)
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Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-023
Court: Judge or Jurisdiction information not available
Sep
27
2018
White, In re
Ruling:
Stay relief was granted to allow bank to present its defenses and prosecute its counterclaimin an arbitration proceeding that only raised state law issues. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on September 27,2018, LexisNexis #1118-008
Sep
27
2018
Froehlich, In re
Ruling:
Court could not create a judicial exception to the estate termination theory for debtors whoconverted their cases from chapter 7 to chapter 13 to preserve non-exempt assets. (Bankr. D. Colo.)
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Consumer case opionion summary, case decided on September 27,2018, LexisNexis #1118-026
Sep
27
2018
Hazan, In re--GSY Corp. v. Hazan
Ruling:
Debtor's motion to dismiss nondischargeability claim was granted as the claim failed on theelement of reliance. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on September 27,2018, LexisNexis #1118-012
Sep
27
2018
Heritage Home Grp. LLC, In re
Ruling:
Trustee's objection to debtor's motion to hire another LLC was overruled as evidence supported that the LLC was not an auctioneer but a consultant and debtor used good business judgment in selecting the LLC. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on September 27,2018, LexisNexis #1118-030
Sep
27
2018
Gilmore, In re--Chuipek v. Gilmore
Ruling:
State court judgment was nondischargeable as chapter 7 debtor violated the Illinois HumanRights Act, the Illinois Wage Payment and Collection Act, and 42 U.S.C. § 1981. (Bankr. N.D.Ill.)
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Consumer case opionion summary, case decided on September 27,2018, LexisNexis #1118-015
Sep
27
2018
Noll, In re--Seaver v. Noll
Ruling:
Transfer of debtor's property from the state and the IRS to non-debtor spouse was avoidable as the debtor did not receive any value. (Bankr. D. Minn.)
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Consumer case opionion summary, case decided on September 27,2018, LexisNexis #1118-079
Sep
27
2018
Neri Bros. Constr. Corp., In re--O'Neil v. New England Road, Inc.
Ruling:
Defendants were liable for damages resulting from constructive and intentional fraudulent transfers as leases of equipment were transfers of debtor's rights in personal property without receipt of reasonably equivalent value and transfers were made while debtor was insolvent. (Bankr. D. Conn.)
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Commercial case opionion summary, case decided on September 27,2018, LexisNexis #1118-049
Sep
27
2018
Samuel, In re
Ruling:
Motions to remove the trustee were denied where debtor husband's allegations were whollyuncorroborated and trustee diligently managed the estate and the liquidation plan wasconfirmed. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on September 27,2018, LexisNexis #1118-004
Sep
27
2018
Zulpo, In re--Dantzler v. Zulpo
Ruling:
Debtors' discharge was denied where debtors failed to keep and preserve records from which their financial condition could be ascertained. (Bankr. E.D. Ark.)
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Consumer case opionion summary, case decided on September 27,2018, LexisNexis #1118-053
Sep
27
2018
Aurora Memory Care LLC, In re
Ruling:
Case converted to a case under chapter 7 for unexcused failure to file monthly operatingreports. (Bankr. N.D. Ill.)
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Commercial case opionion summary, case decided on September 27,2018, LexisNexis #1118-022
Sep
27
2018
Bennett, In re
Ruling:
Court granted request for relief from order as creditor has shown that its neglect in not filing a written response to the debtor's objection was excusable. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on September 27,2018, LexisNexis #1118-038
Sep
26
2018
Palmiter, In re--Gallo v. Palmiter
Ruling:
Court granted motion to dismiss complaint where creditor failed to state a plausible claim for nondischargeability as the complaint did not plead any of the four required elements for the existence of an express trust. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on September 26,2018, LexisNexis #1118-041
Sep
26
2018
Santillan, In re
Ruling:
Overpayment credited to balance owed under modified chapter 13 plan where the modification was retroactively effective as of the date it was filed. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on September 26,2018, LexisNexis #1118-057