Jul
29
2019
Wayne A. Gapp, In re
Ruling:
Debtor's discharge was denied where debtor transferred his share of proceeds from the saleof a home to his non-filing spouse's bank account with intent to hinder, delay or defraudcreditors and reliance on counsel defense was rejected. (Bankr. D.N.D.)
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Consumer case opionion summary, case decided on July 29,2019, LexisNexis #0919-091
Court: Judge or Jurisdiction information not available
Jul
29
2019
Bestwall LLC, In re
Ruling:
Dismissal of debtor's Chapter 11 case was not appropriate as debtor had sufficient assets tomeet obligations and continue as a growing concern. (Bankr. W.D.N.C.)
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Commercial case opionion summary, case decided on July 29,2019, LexisNexis #0919-093
Jul
29
2019
Dawood, In re
Ruling:
Bankruptcy case was dismissed as debtor filed the case in bad faith and for improperpurposes. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on July 29,2019, LexisNexis #0919-095
Jul
29
2019
Prescott, In re--Prescott v. Wells Fargo Bank, N.A.
Ruling:
Mortgagee breached the court's cure order by trying to collect a payment the order hadeliminated. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on July 29,2019, LexisNexis #0919-096
Jul
29
2019
Rea, In re
Ruling:
Discrimination against transgender creditor by debtor was sufficient to support a finding ofwillful injury for purposes of 11 U.S.C. §523(a)(6). (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on July 29,2019, LexisNexis #0919-082
Jul
29
2019
Westinghouse Elec. Co. LLC v. S.C. Pub. Serv. Auth
Ruling:
Creditor's motion to dismiss adversary proceeding for lack of subject matter jurisdictiondenied as the disputes implicated the bankruptcy court's prior orders and the transactionsapproved by the court. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on July 29,2019, LexisNexis #0919-098
Jul
26
2019
Anderson v. Monroe
Ruling:
Transfer within two years of petition date for less than reasonably equivalent value couldbe avoided. (Bankr. D.S.C.)
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Consumer case opionion summary, case decided on July 26,2019, LexisNexis #0919-088
Court: Judge or Jurisdiction information not available
Jul
26
2019
Veg Liquidation, Inc., In re--Fulmer v. Fifth Third Equip. Fin. Co.
Ruling:
Dismissal of Chapter 7 trustee's suit challenging asset sale affirmed as it was an impermissiblecollateral attack where all of the acquired assets were subject to a competitive and good faithbidding process. (8th Cir.)
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Commercial case opionion summary, case decided on July 26,2019, LexisNexis #0919-055
Court: Judge or Jurisdiction information not available
Jul
26
2019
Nabors Offshore Corp. v. Whistler Energy II, L.L.C. (In re Whistler Energy II, L.L.C.)
Ruling:
Bankruptcy court erred in determining whether pre-demobilization costs met the standard foradministrative priority as it failed to consider whether the expenses benefitted the bankruptcyestate. (5th Cir.)
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Commercial case opionion summary, case decided on July 26,2019, LexisNexis #0919-056
Court: Judge or Jurisdiction information not available
Jul
26
2019
Sandia Tobacco Mfrs., In re
Ruling:
Transferee of an entity had standing to object to debtor's proposed sale of certain escrowaccounts as the entity's claim to the accounts placed in question the issue of whetherdebtor's claimed interest in the accounts was property of the estate subject to sale. (Bankr.D.N.M.)
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Commercial case opionion summary, case decided on July 26,2019, LexisNexis #0919-078
Court: Judge or Jurisdiction information not available
Jul
26
2019
Graves Farms, In re
Ruling:
Confirmation of plan was denied as it did not appear that the three debtors could make allof their plan payments. (Bankr. D. Kan.)
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Commercial case opionion summary, case decided on July 26,2019, LexisNexis #0919-094
Jul
26
2019
Stapleton, In re--Benchmark Bank v. Stapleton
Ruling:
Denial of discharge for filing a false financial statement denied debtor as bank failed todemonstrate that it required debtor to tender a financial statement or other financialrepresentation in order to procure a boat loan. (Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on July 26,2019, LexisNexis #0919-081
Jul
25
2019
Belmonte, In re--Jones v. Brand Law Firm, P.A.
Ruling:
Avoidance of second mortgage and post-petition loan payments was not a double recovery andwas properly affirmed. (2d Cir.)
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Consumer case opionion summary, case decided on July 25,2019, LexisNexis #0919-066
Court: Judge or Jurisdiction information not available
Jul
25
2019
Garza, In re--Garza v. CMM Enters., LLC
Ruling:
Court limited the award of attorney's fees for willful stay violations as debtor's counsel didnot make any effort to resolve the matter before filing the adversary proceeding. (Bankr. S.D.Tex.)
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Consumer case opionion summary, case decided on July 25,2019, LexisNexis #0919-054
Jul
25
2019
Antonucci, In re--Provident Bank v. Antonucci
Ruling:
Discharge denied where debtor concealed his income from creditors with specific intent tohinder, delay, or defraud. (Bankr. E.D. Pa.)
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Consumer case opionion summary, case decided on July 25,2019, LexisNexis #0919-090