May
21
2018
Stringer, In re
Ruling:
Court found creditor and his attorney in contempt for willful violation of the automatic staywhen the attorney asked an Ohio court to garnish royalties the debtor was owed so creditorcould collect judgment. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on May 21,2018, LexisNexis #0718-062
May
21
2018
Bateman, In re
Ruling:
Motion to compel arbitration was denied where arbitration of a contempt proceeding for violation of the discharge injunction inherently conflicted with the bankruptcy code and undermined it's authority to enforce its orders and exercise its powers of contempt. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on May 21,2018, LexisNexis #0618-105
May
21
2018
Sea Haw. Rafting, LLC, In re
Ruling:
Abandonment of a vessel owned by debtor was approved as it had become burdensome to the estate since whoever owned it would be drawn into maritime litigation. (Bankr. D. Haw.)
Court: Judge or Jurisdiction information not available
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Commercial case opionion summary, case decided on May 21,2018, LexisNexis #0618-109
May
20
2018
Huff, In re
Ruling:
Confirmation denied as collateral value had to be adjusted to account for extensive damage. (Bankr. S.D. W. Va.)
Court: Judge or Jurisdiction information not available
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Consumer case opionion summary, case decided on May 20,2018, LexisNexis #0618-113
May
18
2018
Thornton, In re
Ruling:
Law firm's amended application for permission to represent debtors was denied in part wherethey violated 11 U.S.C. § 329 for failing to disclose payments they received from a companyowned by debtors' daughter. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on May 18,2018, LexisNexis #0618-063
May
18
2018
Cortez, In re--Aslan v. Cortez
Ruling:
Debtor was entitled to a discharge where creditor failed to show that debtor's failure to keepdetailed records of his expenses was unjustified. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on May 18,2018, LexisNexis #0618-081
May
18
2018
FirstEnergy Sols. Corp. v. Fed. Energy Regulatory Comm'n
Ruling:
Court ruled that FERC was not allowed to exercise its police and regulatory powers to bypassthe automatic stay imposed by the court in proceedings involving parties to a power contractregulated by FERC. (Bankr. N.D. Ohio)
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Commercial case opionion summary, case decided on May 18,2018, LexisNexis #0618-066
May
18
2018
Breedlove, In re--Gee v. Breedlove
Ruling:
Judgment debt was not excepted from discharge where debtor's failure to list the plaintiff's proper address on the mailing matrix did not relieve the plaintiff of his obligation to act in a timely manner in the enforcement of his rights and protection of his claim. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on May 18,2018, LexisNexis #0618-101
May
18
2018
Regino, In re
Ruling:
Court disallowed the law group's claim in its entirety as it was unreasonable under bothfederal standards and the New York Rules of Professional Conduct. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on May 18,2018, LexisNexis #0618-070
May
18
2018
Cruz, In re
Ruling:
Court ruled that debtor could amend her schedules and exempt the proceeds of her unusedbut accumulated sick leave from property of the estate. (Bankr. D.P.R.)
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Consumer case opionion summary, case decided on May 18,2018, LexisNexis #0618-072
May
17
2018
Speer, In re--Seaport Capital Partners, LLC v. Speer
Ruling:
Court ruled that debtor was ineligible for a discharge because she concealed assets and couldnot explain what she did with money she received. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on May 17,2018, LexisNexis #0618-080
May
17
2018
C.W. Mining Co., In re
Ruling:
Court confirmed liquidation plan as it complied with applicable provisions of the bankruptcy code and trustee proposed the plan in good faith. (Bankr. D. Utah)
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Commercial case opionion summary, case decided on May 17,2018, LexisNexis #0618-112
May
17
2018
Vega, In re
Ruling:
Bank's motion for relief from the automatic stay was granted as court deemed that the motionwas properly and sufficiently served. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on May 17,2018, LexisNexis #0618-068
May
17
2018
Sima Int'l, Inc., In re
Ruling:
Motion to reject executory contract granted where the rejection did not abrogate the licensee'ssupplemental rights and ancillary use of the debtor's trademark. (Bankr. D. Conn.)
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Commercial case opionion summary, case decided on May 17,2018, LexisNexis #0618-069
May
17
2018
RCS Capital Corp., In re--RCS Creditor Trust v. Schulte Roth & Zabel LLP
Ruling:
Court denied debtor's motion to transfer venue as it had not carried its burden to show thattransfer was appropriate by a preponderance of the evidence. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on May 17,2018, LexisNexis #0618-088