Feb
06
2023
Paugh, In re--Paugh v. Graham
Ruling:
Creditor willfully violated the automatic stay as creditor had received multiple notices by mail regarding debtor's bankruptcy. (Bankr. N.D. W. Va.)
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Consumer case opionion summary, case decided on February 06,2023, LexisNexis #0423-006
Court: Judge or Jurisdiction information not available
Feb
06
2023
Paugh, In re--Graham v. Paugh
Ruling:
State court judgment against the defendant for breach of contract was nondischargeable in the defendant's subsequent bankruptcy case as the defendant misrepresented himself as a licensed contractor. (Bankr. N.D. W. Va.)
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Consumer case opionion summary, case decided on February 06,2023, LexisNexis #0423-012
Court: Judge or Jurisdiction information not available
Feb
06
2023
Lilis Energy, In re
Ruling:
Plaintiff was entitled to summary judgment in preference proceeding as defendant's sole response was to state that additional discovery was necessary to establish its defense. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on February 06,2023, LexisNexis #0423-014
Feb
06
2023
Aquilino, In re
Ruling:
Bankruptcy court had core jurisdiction over debtors' motion for review of attorney compensation as the disclosure requirements for a debtor's attorney in a bankruptcy case could only arise in the context of a bankruptcy case. (Bankr. D.N.J.)
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Consumer case opionion summary, case decided on February 06,2023, LexisNexis #0423-001
Court: Judge or Jurisdiction information not available
Feb
06
2023
S-Tek 1, LLC, In re
Ruling:
Attorney's application for interim fees was approved as the fees were determined to be reasonable despite lack of recovery for estate or significant reduction of claim. (Bankr. D.N.M.)
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Commercial case opionion summary, case decided on February 06,2023, LexisNexis #0423-002
Court: Judge or Jurisdiction information not available
Feb
04
2023
Times Square JV LLC, In re
Ruling:
Preliminary injunction did not render the license agreement non-executory as it did not alter the parties' contractual rights and the outstanding obligations on both sides. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on February 04,2023, LexisNexis #0423-009
Feb
03
2023
Arcapita Bank B.S.C.(c), In re
Ruling:
Bank held in civil contempt for taking of a setoff and retention of the debtor's property in willful violation of the automatic stay. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on February 03,2023, LexisNexis #0423-005
Court: 2nd Circuit ( ) [ Bankruptcy Court ]
Feb
03
2023
Tihi Rest. Corp., In re
Ruling:
Automatic stay lifted for landlord as the debtor had failed to pay post-petition rent for the property in an amount that exceeded the debtor's security deposit. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on February 03,2023, LexisNexis #0423-007
Feb
03
2023
Digioia, In re
Ruling:
Counsel's fee disclosures were deficient and justified complete disgorgement. (Bankr.D.D.C.)
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Consumer case opionion summary, case decided on February 03,2023, LexisNexis #0323-077
Court: Judge or Jurisdiction information not available
Feb
03
2023
Attariwala, In re
Ruling:
Court found that debtor filed case in good faith and as her plan met all requirements theplan was confirmed. (Bankr. D.D.C.)
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Consumer case opionion summary, case decided on February 03,2023, LexisNexis #0323-094
Court: Judge or Jurisdiction information not available
Feb
03
2023
GFS Indus., LLC, In re--Avion Funding, LLC v. GFS Indus., LLC
Ruling:
Direct appeal to the circuit court of appeals was warranted on issue of whether nondischarageability proceedings may brought against Subchapter V debtors. (Bankr. W.D. Tex.)
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Commercial case opionion summary, case decided on February 03,2023, LexisNexis #0423-011
Feb
03
2023
Vasser, In re--Vasser v. Thomas Autobody & Repairs
Ruling:
Bankruptcy court ordered the creditor to return the debtor's repossessed vehicle as title was still in debtor's name and it was property of the bankruptcy estate. (Bankr. N.D. Miss.)
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Consumer case opionion summary, case decided on February 03,2023, LexisNexis #0423-013
Feb
02
2023
Cortlandt Liquidating LLC, In re
Ruling:
Lease rejection damages were properly calculated and statutory cap applied only to damages that were attributable to the fact that the term of the lease had come to an end. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on February 02,2023, LexisNexis #0423-010
Feb
02
2023
Asociado de Puerto Rico v. Nieves (In re Nieves, Libre--Asociación de Empleados del Estado
Ruling:
Plan was properly affirmed over creditor's objection because it properly treated the creditor's secured claim and did not impermissibly modify the monthly payment or other contract terms. (B.A.P. 1st Cir.)
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Consumer case opionion summary, case decided on February 02,2023, LexisNexis #0423-017
Feb
02
2023
Ritter, In re
Ruling:
Creditor accepted the second original plan and it could not object to a later version of the plan which did not change its rights. (Bankr. S.D. Ill.)
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Consumer case opionion summary, case decided on February 02,2023, LexisNexis #0423-018