Aug
14
2020
Abel, In re
Ruling:
Debtor who moved from Montana to Utah seven months prior to filing Chapter 7 bankruptcywas entitled to claim motor vehicle exemption under Montana law or pursuant to the hangingparagraph of § 522(b)(3). (Bankr. D. Utah)
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Consumer case opionion summary, case decided on August 14,2020, LexisNexis #0920-086
Aug
14
2020
Stewart, In re--SE Prop. Holdings, LLC v. Stewart
Ruling:
Bankruptcy court abused its discretion when it imposed a lesser sanction on debtor's attorneyfor failure to disclose fee arrangement without good reason. (10th Cir.)
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Consumer case opionion summary, case decided on August 14,2020, LexisNexis #0920-077
Court: Judge or Jurisdiction information not available
Aug
14
2020
Hitchcock, In re
Ruling:
The automatic stay did not apply to actions against real estate not owned by the debtor. (Bankr.D. Neb.)
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Consumer case opionion summary, case decided on August 14,2020, LexisNexis #0920-078
Aug
14
2020
Sanam Conyers Lodging, LLC, In re
Ruling:
Amended plan was confirmed as feasible and capable of being fully performed by debtor.(Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on August 14,2020, LexisNexis #0920-096
Aug
13
2020
Arroyo, In re
Ruling:
The entire automatic stay terminates after 30 days for second-time filers, so state courtjudgment was not in violation. (Bankr. D.P.R.)
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Consumer case opionion summary, case decided on August 13,2020, LexisNexis #0920-081
Court: Judge or Jurisdiction information not available
Aug
13
2020
Ravasia, In re--Garvin v. Ravasia
Ruling:
Debtors' discharge was denied due to debtor husband’s knowing and fraudulentmisrepresentation of income on Schedule I. (Bankr. E.D. Wash.)
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Consumer case opionion summary, case decided on August 13,2020, LexisNexis #0920-094
Aug
12
2020
Smith, In re
Ruling:
Property could not be recovered for the estate where debtor was divested of legal title to theproperty several months prior to the commencement of the bankruptcy case.. (Bankr. N.D.Miss.)
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Consumer case opionion summary, case decided on August 12,2020, LexisNexis #0920-064
Aug
12
2020
Freeland, In re
Ruling:
Debtors awarded damages where creditor violated the stay by repeatedly calling the debtorsand sending bill for immediate payment. (Bankr. D. Or.)[1]-Creditor violated 11 U.S.C. § 362(a)(6) by repeatedly calling the debtors after they filed theirbankruptcy petition and by sending a bill asking for immediate payment; [2]-Because debtors wereentitled to the protection afforded by the automatic stay without harassment from the creditor, anddebtors provided evidence of emotional distress, an emotional distress damages award was warranted;[3]-Creditor's actions were willful because it appeared that the creditor, a large company, had receivedcorrect and robust notice of the debtors' bankruptcy and the motion and therefore could not blame itsfailure to timely stop collection efforts or to appear and address the motion on defective notice or service.Freeland, In re, 2020 Bankr. LEXIS 2174 (Bankr. D. Or. August 12, 2020) (Mckittrick, B.J.).
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Consumer case opionion summary, case decided on August 12,2020, LexisNexis #0920-080
Aug
12
2020
Nichols, In re--Nichols v. Marana Stockyard & Livestock Mkt., Inc.
Ruling:
Conversion of Chapter 13 case to Chapter 7 rather than dismissal affirmed as in the bestinterests of creditor. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on August 12,2020, LexisNexis #0920-071
Aug
12
2020
Elliott v. Pac. Western Bank
Ruling:
Perfected lien on the debtor's IRA funds was not voidable as the lien did not impair aninterest in his property on the date he filed his Chapter 7 bankruptcy petition. (9th Cir.)
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Consumer case opionion summary, case decided on August 12,2020, LexisNexis #0920-059
Court: Judge or Jurisdiction information not available
Aug
12
2020
McBride, In re--Doerner, Saunders, Daniel & Anderson, LLP v. McBride
Ruling:
Debtor's motion to dismiss proceeding for denial of discharge where complaint statedplausible claims for misstatement of income and failure to keep adequate records. (Bankr. N.D.Okla.)
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Consumer case opionion summary, case decided on August 12,2020, LexisNexis #0920-093
Court: Judge or Jurisdiction information not available
Aug
11
2020
Aerial Robotics, Inc., In re
Ruling:
Chapter 11 plan was confirmed as it met all the necessary requirements, was feasible and notlikely to be followed by a liquidation. (Bankr. D. Utah)
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Commercial case opionion summary, case decided on August 11,2020, LexisNexis #0920-097
Aug
11
2020
Hughes, In re
Ruling:
Automatic stay lifted as debtor failed to make post-petition mortgage payments for more thantwo years with no intention of providing for the claim or the lien. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on August 11,2020, LexisNexis #0920-055
Aug
11
2020
Motors Liquidation Co., In re
Ruling:
Motions to file late proofs of claim ten years after the bar date denied as plaintiffs failed toestablish excusable neglect. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on August 11,2020, LexisNexis #0920-075
Aug
11
2020
Landon, In re--Ford v. Landon
Ruling:
Probate judgment did not provide sufficient evidence to satisfy the element of willfulness fordetermination of nondischargeability. (Bankr. N.D. Okla.)
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Consumer case opionion summary, case decided on August 11,2020, LexisNexis #0920-061