Oct
26
2020
Rosales, In re--Morris v. King
Ruling:
Defendant's noncompliance with § 329(a) warranted full disgorgement of attorney fees andexpenses disbursed from the personal injury settlement. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on October 26,2020, LexisNexis #1220-028
Oct
26
2020
Filene's Basement, LLC, In re
Ruling:
Order entered enforcing the confirmation order and plan and settlement embodied in theplan. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on October 26,2020, LexisNexis #1220-045
Oct
26
2020
Williams, In re
Ruling:
Debtor's debt to HHS was not discharged and HHS did not violate the discharge injunction inseeking to collect. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on October 26,2020, LexisNexis #1220-063
Oct
26
2020
Goldfeder, In re
Ruling:
Objection to debtor's claim of exemption was denied where objecting bank did not satisfy itsburden of proof to show that the homestead exemption was improperly claimed. (Bankr. D.Del.)
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Consumer case opionion summary, case decided on October 26,2020, LexisNexis #1220-049
Oct
23
2020
Ward, In re--Yaquinto v. Ward
Ruling:
Discharge was properly denied as debtor challenged only some of the false oaths identifiedand judgment sufficiently rested on the unchallenged findings. (5th Cir.)
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Consumer case opionion summary, case decided on October 23,2020, LexisNexis #1220-043
Court: Judge or Jurisdiction information not available
Oct
23
2020
Players Network, In re
Ruling:
Dismissal of Chapter 11 case was granted because the disclosure statement offered littleprospect of confirmation as it described a plan of reorganization that could not exist. (Bankr. D.Nev.)
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Commercial case opionion summary, case decided on October 23,2020, LexisNexis #1220-044
Oct
23
2020
Heritage Real Estate Inv., Inc., In re--Harrison v. Heritage Real Estate Inv., Inc.
Ruling:
Exceptions to res judicata did not apply as plaintiffs did not meet the "cause" standard andwere ineligible for relief since the claim determination had no prospective application. (Bankr.S.D. Miss.)
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Commercial case opionion summary, case decided on October 23,2020, LexisNexis #1220-036
Court: Judge or Jurisdiction information not available
Oct
23
2020
Lee, In re--U.S. Nat'l Bank Assoc. v. Lee
Ruling:
Relief from stay was granted absent a reasonable prospect of reorganization. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on October 23,2020, LexisNexis #1220-055
Oct
22
2020
Concepts Am., Inc., In re
Ruling:
Creditor waived secured status as it filed the involuntary petition without disclosing itssecurity and filed a proxy to vote in the trustee election reserved for unsecured creditors.(Bankr. N.D. Ill.)
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Commercial case opionion summary, case decided on October 22,2020, LexisNexis #1220-042
Oct
22
2020
Otoh, In re--Otoh v. Barr
Ruling:
Court dismissed governmental defendants as the plaintiff's damages claims were for punitivedamages and court considered such claims under U.S.C.S. § 106(a)(3). (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on October 22,2020, LexisNexis #1220-027
Oct
22
2020
Roberson, In re
Ruling:
Motion for proposed private sales denied where approval of a sale of property under § 1206 isheld exclusively by the chapter 12 trustee. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on October 22,2020, LexisNexis #1220-047
Oct
22
2020
Greenfield, In re
Ruling:
Recusal of the Chapter 7 bankruptcy judge was not warraned as judicial rulings in the case didnot establish bias for recusal. (Bankr. D. Idaho)
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Consumer case opionion summary, case decided on October 22,2020, LexisNexis #1220-048
Oct
22
2020
Jenkins, In re
Ruling:
Chapter 7 trustee's motion to sell debtor's boat free and clear of liens, interest, encumbrances,and claims was granted. (Bankr. N.D. Miss.)
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Consumer case opionion summary, case decided on October 22,2020, LexisNexis #1220-033
Oct
22
2020
Schmitz, In re--Scott v. Schmitz
Ruling:
Court independently found the debt was excepted form discharge based upon the testimonyof the witnesses, and after judging the credibility. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on October 22,2020, LexisNexis #1220-037
Oct
21
2020
NNN 400 Capital Ctr. 16, LLC, In re--NNN 400 Capital Ctr., LLC v. Wells Frago Bank, N.A.
Ruling:
Motion to request taxable costs granted were the costs sought were allowable andreasonably necessary to the litigation. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on October 21,2020, LexisNexis #1220-023