Aug
02
2019
PHI, Inc., In re
Ruling:
Court confirmed debtors' amended joint plan of reorganization under Chapter 11 as it wasfeasible and confirmation was not likely to be followed by the need for further financialreorganization. (Bankr. N.D. Tex.)
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Commercial case opionion summary, case decided on August 02,2019, LexisNexis #1019-021
Aug
02
2019
Martin, In re
Ruling:
Motion to dismiss granted where reconfiguring of debtor's automobiles was not a violation of11 U.S.C. § 522(o). (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on August 02,2019, LexisNexis #1019-011
Aug
02
2019
Jireh Produce Sales, In re
Ruling:
Trustee could not recover from alleged fraudulent transferee who did not receive any interestin the property sold by debtor. (Bankr. W.D. Tex.)
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Commercial case opionion summary, case decided on August 02,2019, LexisNexis #1019-016
Aug
01
2019
Haynes, In re
Ruling:
Motion to lift automatic stay granted where hardship deferral agreement terminated prepetition and there was nothing left for the trustee to assume under 11 U.S.C. § 365(a). (Bankr.W.D.N.Y.)
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Consumer case opionion summary, case decided on August 01,2019, LexisNexis #1019-010
Aug
01
2019
Brown, In re
Ruling:
Motion for relief from stay to foreclose denied where the residence was necessary for aneffective reorganization. (Bankr. E.D. Ark.)
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Consumer case opionion summary, case decided on August 01,2019, LexisNexis #0919-077
Jul
31
2019
Fin. Oversight & Mgmt. Bd., In re
Ruling:
Creditors could not use § 922 to bypass the requirement of obtaining traditional stay reliefin order to bring an enforcement action. (1st Cir.)
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Commercial case opionion summary, case decided on July 31,2019, LexisNexis #0919-092
Court: Judge or Jurisdiction information not available
Jul
31
2019
Winstead, In re
Ruling:
Debtor may bifurcate bank's claim in proposed Chapter 13 plan if the value of themortgaged property is less than the amount of the claim. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on July 31,2019, LexisNexis #0919-097
Jul
31
2019
Merkman v. Merkman
Ruling:
Debt was dischargeable where creditor failed to establish that damage to a rental propertyand was the result of willful and malicious injury by debtors rather than a knowing breachof contract as required for the debt to be nondischargeable. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on July 31,2019, LexisNexis #0919-083
Jul
30
2019
Brownlee, In re--Kelley v. Stone & Baxter, LLP
Ruling:
Trustee's avoidance actions were not time barred where timing of permanent appointmententitled trustee to a one-year extension. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on July 30,2019, LexisNexis #0919-086
Jul
30
2019
Miller, In re
Ruling:
Trustee was empowered to avoid post-petition transfer where mortgage was recordedoutside of the chain of title by creditor seeking to use bona fide purchaser statusdefensively. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on July 30,2019, LexisNexis #0919-089
Jul
30
2019
Welsch, In re
Ruling:
Debtor's ex-wife did not need to obtain stay relief in order to seek modification of apreviously entered order for child support in order to collect college expenses. (Bankr. N.D.Ill.)
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Consumer case opionion summary, case decided on July 30,2019, LexisNexis #0919-076
Jul
30
2019
Venanzio, In re--Winnecour v. United States Bank, N.A.
Ruling:
Creditor's proof of claim was disallowed to the extent of the pre-petition arrears in excess ofthose provided for in the Chapter 13 plan as the claim was filed exactly one year after thebar date. (Bankr. W.D. Pa.)
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Consumer case opionion summary, case decided on July 30,2019, LexisNexis #0919-079
Jul
30
2019
Washington, In re--Washington v. Real Time Resolution, Inc.
Ruling:
Judgment reversed where unsecured claim was allowed due to the bankruptcy courtskipping a critical step in determining the status of the claim. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on July 30,2019, LexisNexis #0919-080
Jul
30
2019
Thomas, In re--Thomas v. Dep't of Educ.
Ruling:
Debtor was properly denied discharge of a student loan as she was unable to show that shewas unable to maintain employment and was unlikely to ever be able to repay the debt. (5thCir.)
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Consumer case opionion summary, case decided on July 30,2019, LexisNexis #0919-084
Court: Judge or Jurisdiction information not available
Jul
29
2019
Greer-Allen, In re
Ruling:
Student loans that originated under a program funded by a nonprofit institution wereexcepted from discharge. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on July 29,2019, LexisNexis #0919-085