Mar
01
2019
Trinity 83 Dev. v. Colfin Midwest Funding
Ruling:
Mortgagee retained its original rights as the release was a unilateral error that could berectified unilaterally. (7th Cir.)
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Commercial case opionion summary, case decided on March 01,2019, LexisNexis #0419-035
Court: Judge or Jurisdiction information not available
Mar
01
2019
Dyer, In re
Ruling:
Court retroactively annulled the automatic stay as creditor acted in good faith and withoutnotice of the automatic stay when it obtained court judgment. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on March 01,2019, LexisNexis #0419-056
Mar
01
2019
Borre, In re
Ruling:
Debtor's objection to a claim for a pre-petition mortgage default was sustained as debtortimely made the payment. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on March 01,2019, LexisNexis #0519-006
Mar
01
2019
Taylor, In re
Ruling:
Avoidance of Parent PLUS Loan proceeds as constructively fraudulent was not warranted asthe disbursement of the proceeds to a university could not and did not diminish the debtor'sestate. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on March 01,2019, LexisNexis #0419-038
Mar
01
2019
Mus, In re
Ruling:
Court orders arising from parties' marital dissolution were not subject to avoidance as none ofthe orders qualified as a lien. (Bankr. D. Minn.)
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Consumer case opionion summary, case decided on March 01,2019, LexisNexis #0519-008
Mar
01
2019
Alexander Seawright Transp., In re
Ruling:
Insurance cancellation notice was valid and did not violate the stay as the debtor filedemergency motion for imposition of the automatic stay in bad faith. (Bankr. S.D. Miss.)
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Commercial case opionion summary, case decided on March 01,2019, LexisNexis #0519-027
Feb
28
2019
Bennett, In re--Paddock, LLC v. Bennett
Ruling:
Court found that the debtors' manufactured home was personal property as the ground leasedid not clearly establish the intent to make the home a permanent accession to the real estateunder state law. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on February 28,2019, LexisNexis #0419-031
Feb
28
2019
Marsh, In re
Ruling:
Judicial lien that impaired debtor's homestead exemption was avoidable. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on February 28,2019, LexisNexis #0419-032
Feb
28
2019
Snider, In re--Radecki v. Snider
Ruling:
Denial of discharge was not warranted as debtor’s alleged failure to keep or preserveadditional recorded information was justified. (Bankr. D. Nev.)
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Consumer case opionion summary, case decided on February 28,2019, LexisNexis #0519-018
Feb
28
2019
Gillison, In re
Ruling:
Debt was nondischargeable as debtor's representations were false and creditor justifiablyrelied on his false representations to her detriment. (Bankr. C.D. Ill.)
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Consumer case opionion summary, case decided on February 28,2019, LexisNexis #0419-033
Feb
28
2019
Grooms, In re
Ruling:
Court ruled automatic stay would continue to apply where there was a bona fide dispute as towhether property was property of the estate. (Bankr. W.D. Okla.)
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Consumer case opionion summary, case decided on February 28,2019, LexisNexis #0519-005
Feb
28
2019
Ts Empl., In re
Ruling:
Trustee entitled to recover fees paid to creditor as constructive fraudulent transfers under statelaw. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on February 28,2019, LexisNexis #0419-036
Feb
28
2019
Millennium Lab Holdings II, In re
Ruling:
Court denied dismissal of adversary proceeding as trustee adequately pled facts sufficient toshow that he has a plausible claim for relief. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on February 28,2019, LexisNexis #0419-037
Feb
28
2019
Tm Vill., In re
Ruling:
Court granted debtor's motion to sell condominiums free and clear of mechanic’s andmaterialmen’s liens that were adequately protected. (Bankr. N.D. Tex.)
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Commercial case opionion summary, case decided on February 28,2019, LexisNexis #0419-057
Feb
28
2019
Tm Vill., In re
Ruling:
Litigant was not entitled to relief from automatic stay to enforce a settlement agreement as itwas an executory contract that debtor could reject. (Bankr. N.D. Tex.)
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Commercial case opionion summary, case decided on February 28,2019, LexisNexis #0419-058