Jun
25
2021
Bank of N.Y. Mellon v. Enchantment at Sunset Bay Condo. Ass'n
Ruling:
District court erred in concluding that bank lacked standing to challenge a foreclosure salethat it claimed was a violation of the automatic stay. (9th Cir.)
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Commercial case opionion summary, case decided on June 25,2021, LexisNexis #0821-028
Court: Judge or Jurisdiction information not available
Jun
25
2021
Ditech Holding Corp., In re
Ruling:
Claim was disallowed and expunged as time-barred since claimant filed it approximately oneyear after the bar date expired and had not demonstrated excusable neglect in failing to timelyfile the claim. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on June 25,2021, LexisNexis #0821-031
Jun
25
2021
Vascular Access Ctrs., L.P, In re
Ruling:
Recusal motion was denied because moving parties had known of the circumstances whichthey alleged suggested possible bias or prejudice but only raised them, for the first time, 14months later. (Bankr. E.D. Pa.)
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Commercial case opionion summary, case decided on June 25,2021, LexisNexis #0821-047
Jun
25
2021
Tribune Media Co., In re
Ruling:
Indenture trustee’s claim allowed only to the extent required to reimburse the trustee forprofessional fees and costs. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on June 25,2021, LexisNexis #0821-032
Jun
25
2021
Consolidated Bedding, Inc., In re
Ruling:
Trustee's cross-motion to enforce intercreditor agreement and subordinate junior securedcreditor’s claim was granted. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on June 25,2021, LexisNexis #0821-034
Jun
24
2021
Kurimsky, In re--AVAIL 1, LLC v. Kurimsky
Ruling:
Cause existed to grant movant creditor relief from the automatic stay as the bankruptcy courtwas required to give full faith and credit to state court judgment of foreclosure. (Bankr. D.Conn.)
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Consumer case opionion summary, case decided on June 24,2021, LexisNexis #0821-004
Jun
24
2021
Detiege, In re--Rosauer v. Detiege
Ruling:
Conversion judgment was grounds for constructive trust, but the resulting debt was notnondischargeable absent showing that debtors knew their representations were false at thetime they were made. (Bankr. D. Idaho)
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Consumer case opionion summary, case decided on June 24,2021, LexisNexis #0821-037
Jun
24
2021
In re Newton v. McGhee-Rosenbrugh (In re McGhee)
Ruling:
Transfers made by debtor to insider while insolvent on account of antecedent debt within theyear before she filed for bankruptcy were avoidable. (Bankr. E.D. Tenn.)
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Consumer case opionion summary, case decided on June 24,2021, LexisNexis #0821-038
Jun
24
2021
Berndt, In re--Dymarkowski v. Berndt
Ruling:
Trustee could not avoid transfer for which it failed to establish that debtor received less than"a reasonably equivalent value." (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on June 24,2021, LexisNexis #0821-040
Jun
24
2021
Abril, In re
Ruling:
Creditor violated the automatic stay by filing a state court complaint for eviction and damagesfor past-due rent during the pendency of debtor's case. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on June 24,2021, LexisNexis #0921-030
Jun
24
2021
Lockhart, In re--Lockhart v. Jackson
Ruling:
IRS and Ohio's Child Support Enforcement Agency did not have sovereign immunity fromproceeding for violation of stay. (Bankr. N.D. W. Va.)
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Consumer case opionion summary, case decided on June 24,2021, LexisNexis #0821-026
Court: Judge or Jurisdiction information not available
Jun
24
2021
Lynch, In re
Ruling:
Chapter 13 plan provision for cramdown provisions of condominium association’s claimsecured by a security interest in debtor's principal residence. (Bankr. D.N.J.)
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Consumer case opionion summary, case decided on June 24,2021, LexisNexis #0821-044
Court: Judge or Jurisdiction information not available
Jun
24
2021
Lockhart, In re--Lockhart v. Jackson
Ruling:
A child support enforcement agency’s sharing of information with another agency did notviolate the automatic stay pursuant to the police and regulatory exception. (Bankr. N.D. W. Va.)
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Consumer case opionion summary, case decided on June 24,2021, LexisNexis #0821-029
Court: Judge or Jurisdiction information not available
Jun
24
2021
Smith, In re
Ruling:
Debtors could include post-petition mortgage arrears in modified plan that met all elements ofconfirmation, and the plan was feasible. (Bankr. D.N.J.)
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Consumer case opionion summary, case decided on June 24,2021, LexisNexis #0821-046
Court: Judge or Jurisdiction information not available
Jun
24
2021
Caires, In re--Caires v. JP Morgan Chase Bank, NA
Ruling:
Court abstained from hearing and determining the adversary proceeding challenging statecourt foreclosure action because abstention would not impact the administration of thedebtor's Chapter 7 case. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on June 24,2021, LexisNexis #0821-048