Jan
28
2020
Empresas Martínez Valentín Corp.,In re--PC Puerto Rico, LLC v. Empresas Martínez Valentín Corp.,
Ruling:
Appeal of damages award dismissed as untimely. (1st Cir.)
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Commercial case opionion summary, case decided on January 28,2020, LexisNexis #0320-050
Jan
28
2020
Dan Mazzola, Inc., In re--Rockne's Inc. v. Dan Mazzola, Inc.
Ruling:
Court properly denied motion to dismiss the case as the franchise agreement had not beensuccessfully terminated pre-petition. (B.A.P. 6th Cir.)
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Commercial case opionion summary, case decided on January 28,2020, LexisNexis #0320-003
Jan
28
2020
Toys "r" Us, In re
Ruling:
Motion for dismissal of turnover proceeding denied where plaintiff adequately stated a claimfor relief by alleging that debt had matured and amount was due in a set amount. (Bankr. E.D.Va.)
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Commercial case opionion summary, case decided on January 28,2020, LexisNexis #0320-037
Jan
27
2020
Tara Retail Grp., LLC, In re
Ruling:
Debtor's proposed plan of reorganization was confirmed as debtor's plan was feasible and notlikely to be followed by liquidation or other financial reorganization. (Bankr. N.D. W. Va.)
Court: Judge or Jurisdiction information not available
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Commercial case opionion summary, case decided on January 27,2020, LexisNexis #0320-042
Jan
27
2020
Franklin, In re
Ruling:
Defendants willfully violated the automatic stay with their post-petition efforts to collect onpre-petition debt. (Bankr. E.D. Mo.)
Court: Judge or Jurisdiction information not available
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Consumer case opionion summary, case decided on January 27,2020, LexisNexis #0320-028
Jan
27
2020
Donohue, In re
Ruling:
Proof of claim was unenforceable against the debtor as it was procedurally and substantivelyunconscionable under local law. (Bankr. N.D. Cal.)
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Consumer case opionion summary, case decided on January 27,2020, LexisNexis #0320-031
Jan
27
2020
Hrn Group, In re
Ruling:
Abstention was warranted where state law issues predominated over the bankruptcy issues inadversary proceeding. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on January 27,2020, LexisNexis #0320-048
Jan
27
2020
Meehean, In re
Ruling:
Motion to dismiss Chapter 7 bankruptcy case was granted where court found that debtors'sources of future income are stable and debtors clearly have the ability to fund a Chapter 13.(Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on January 27,2020, LexisNexis #0320-018
Jan
24
2020
Roberts, In re--Hobbs v. Roberts
Ruling:
Debtor's discharge was denied as debtor knowingly and fraudulently made a false oath orstatement regarding her wage income from a company. (Bankr. W.D. Tex.)
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Consumer case opionion summary, case decided on January 24,2020, LexisNexis #0320-020
Jan
24
2020
Fuschi-Aibel, In re
Ruling:
Case ordered converted to chapter 7 where debtor failed to timely file a disclosure statement orconfirmable plan. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on January 24,2020, LexisNexis #0320-022
Jan
24
2020
Balfour, In re--First Neb. Bank v. Balfour
Ruling:
Debtor's discharge denied where debtor transferred, concealed and spent grain proceedswhich served as security for debt to the bank with intent to hinder, delay or defraud the bank.(Bankr. D. Neb.)
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Consumer case opionion summary, case decided on January 24,2020, LexisNexis #0320-040
Jan
24
2020
Jones, In re--Wheeler Bros. v. Jones
Ruling:
District court judgment debt was nondischargeable due to operation of collateral estoppel.(Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on January 24,2020, LexisNexis #0320-009
Jan
24
2020
Bullitt Utils., Inc., In re--Keats v. Cogan
Ruling:
Summary judgment on breach of fiduciary duty claim was granted in favor of creditors asthere had been no credible evidence to establish that they benefitted financially from thedebtor's failure. (Bankr. W.D. Ky.)
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Commercial case opionion summary, case decided on January 24,2020, LexisNexis #0320-026
Jan
24
2020
Williams, In re--Williams v. CitiFinancial Servicing LLC
Ruling:
Motion to dismiss stay and discharge violation claims denied as creditor mortgage servicers’actions with regard to misapplied payments constitute violations of the discharge injunctionand automatic stay. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on January 24,2020, LexisNexis #0320-010
Jan
24
2020
Krieger, In re
Ruling:
Debtors' motion to excuse receiver from turnover of receivership funds denied. (Bankr. W.D.Mich.)
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Consumer case opionion summary, case decided on January 24,2020, LexisNexis #0320-013