Nov
10
2020
Thomas, In re
Ruling:
Debtors' motion to amend order dismissing the Chapter 11 case was denied as dismissal wasnot in error where debtors refused to fulfill the duties and obligations to maintain theproceeding. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on November 10,2020, LexisNexis #1220-096
Nov
10
2020
McGee, In re
Ruling:
Court vacated the dismissal order and reinstated the automatic stay where permitting thedeceased debtor's daughter's to continue payments under the confirmed plan was in the bestinterest of the creditors. (Bankr. W.D. Mich.)
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Consumer case opionion summary, case decided on November 10,2020, LexisNexis #1220-099
Nov
10
2020
Leblanc, In re
Ruling:
Lifting automatic stay to permit the fraud claim against debtor to go forward in state court wasnot an impermissible delegation of the court's jurisdiction. (Bankr. E.D. La.)
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Consumer case opionion summary, case decided on November 10,2020, LexisNexis #1220-084
Nov
10
2020
Rellstab, In re
Ruling:
Debtor was not entitled to an award of actual and punitive damages as the foreclosure of thedebtor's investment property did not constitute a willful violation of the automatic stay.(Bankr. D. Mass.)
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Consumer case opionion summary, case decided on November 10,2020, LexisNexis #1220-086
Nov
09
2020
Koopmans, In re
Ruling:
Debtor was not permitted to claim a housing adjustment as a special circumstance as thedebtor did not give a credible explanation as to why her only reasonable rental option was onethat cost more than what was allotted under the IRS's guidelines. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on November 09,2020, LexisNexis #1220-093
Nov
09
2020
Nilhan Developers, LLC, In re
Ruling:
Debtors’ manager lacked standing to pursue claim for violation of the automatic stay. (Bankr.N.D. Ga.)
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Commercial case opionion summary, case decided on November 09,2020, LexisNexis #1220-085
Nov
06
2020
Giron, In re--Welch v. Giron
Ruling:
Debt was not nondischargeable for breach of nonexistent fiduciary duty but wasnondischargeable on ground of willful and malicious injury. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on November 06,2020, LexisNexis #1220-061
Court: Judge or Jurisdiction information not available
Nov
06
2020
Giron, In re--Welch v. Giron
Ruling:
Debt was not nondischargeable for breach of nonexistent fiduciary duty but wasnondischargeable on ground of willful and malicious injury. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on November 06,2020, LexisNexis #1220-061
Court: Judge or Jurisdiction information not available
Nov
06
2020
Destin Res. LLC, In re
Ruling:
Motion to employ special counsel was granted as there was no actual conflict of interest.(Bankr. W.D. La.)
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Commercial case opionion summary, case decided on November 06,2020, LexisNexis #1220-078
Nov
06
2020
Care Facility, Inc.)
Ruling:
Bankruptcy court abused its discretion in withholding its approval of the law firm forcreditors committee as the court erred by imposing unauthorized "disinterested person"requirement. (B.A.P. 6th Cir.)
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Commercial case opionion summary, case decided on November 06,2020, LexisNexis #1220-095
Nov
06
2020
Smith, In re
Ruling:
Debtor's motion to reopen her bankruptcy case was denied because debtor did not showadequate reason or cause under § 350(b). (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on November 06,2020, LexisNexis #1220-080
Nov
06
2020
S B Bldg. Assocs. Ltd. P’ship, In re
Ruling:
Debtors' fourth modified plan of reorganization was confirmed where creditors with "skin inthe game" voted overwhelmingly in favor of the debtors' plan. (Bankr. D.N.J.)
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Commercial case opionion summary, case decided on November 06,2020, LexisNexis #1220-097
Court: Judge or Jurisdiction information not available
Nov
06
2020
Nelson v. Wells Fargo Bank, N.A.
Ruling:
Bankruptcy court properly granted the lender's motion for relief from stay to foreclose themortgage because debtor's objections were barred by collateral estoppel. (B.A.P. 1st Cir.)
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Commercial case opionion summary, case decided on November 06,2020, LexisNexis #1220-082
Nov
06
2020
Full Spectrum Mgmt., LLC, In re
Ruling:
Compromise was warranted where it met the Rule 9019 standards as the it provided for apotential distribution to unsecured creditors that would not otherwise have been available.(Bankr. W.D. Mich.)
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Commercial case opionion summary, case decided on November 06,2020, LexisNexis #1220-100
Nov
05
2020
Gates, In re--Gates v. RAC Acceptance Tex., LLC
Ruling:
Defendant creditor willfully violated the automatic stay when its employees made repeatedpost-petition contacts with debtor to collect money due on a pre-petition furniture financingtransaction. (Bankr. W.D. Tex.)
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Consumer case opionion summary, case decided on November 05,2020, LexisNexis #1220-081