Aug
12
2020
McBride, In re--Doerner, Saunders, Daniel & Anderson, LLP v. McBride
Ruling:
Debtor's motion to dismiss proceeding for denial of discharge where complaint statedplausible claims for misstatement of income and failure to keep adequate records. (Bankr. N.D.Okla.)
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Consumer case opionion summary, case decided on August 12,2020, LexisNexis #0920-093
Court: Judge or Jurisdiction information not available
Aug
12
2020
Smith, In re
Ruling:
Property could not be recovered for the estate where debtor was divested of legal title to theproperty several months prior to the commencement of the bankruptcy case.. (Bankr. N.D.Miss.)
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Consumer case opionion summary, case decided on August 12,2020, LexisNexis #0920-064
Aug
12
2020
Freeland, In re
Ruling:
Debtors awarded damages where creditor violated the stay by repeatedly calling the debtorsand sending bill for immediate payment. (Bankr. D. Or.)[1]-Creditor violated 11 U.S.C. § 362(a)(6) by repeatedly calling the debtors after they filed theirbankruptcy petition and by sending a bill asking for immediate payment; [2]-Because debtors wereentitled to the protection afforded by the automatic stay without harassment from the creditor, anddebtors provided evidence of emotional distress, an emotional distress damages award was warranted;[3]-Creditor's actions were willful because it appeared that the creditor, a large company, had receivedcorrect and robust notice of the debtors' bankruptcy and the motion and therefore could not blame itsfailure to timely stop collection efforts or to appear and address the motion on defective notice or service.Freeland, In re, 2020 Bankr. LEXIS 2174 (Bankr. D. Or. August 12, 2020) (Mckittrick, B.J.).
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Consumer case opionion summary, case decided on August 12,2020, LexisNexis #0920-080
Aug
11
2020
Hughes, In re
Ruling:
Automatic stay lifted as debtor failed to make post-petition mortgage payments for more thantwo years with no intention of providing for the claim or the lien. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on August 11,2020, LexisNexis #0920-055
Aug
11
2020
Motors Liquidation Co., In re
Ruling:
Motions to file late proofs of claim ten years after the bar date denied as plaintiffs failed toestablish excusable neglect. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on August 11,2020, LexisNexis #0920-075
Aug
11
2020
Landon, In re--Ford v. Landon
Ruling:
Probate judgment did not provide sufficient evidence to satisfy the element of willfulness fordetermination of nondischargeability. (Bankr. N.D. Okla.)
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Consumer case opionion summary, case decided on August 11,2020, LexisNexis #0920-061
Aug
11
2020
Aerial Robotics, Inc., In re
Ruling:
Chapter 11 plan was confirmed as it met all the necessary requirements, was feasible and notlikely to be followed by a liquidation. (Bankr. D. Utah)
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Commercial case opionion summary, case decided on August 11,2020, LexisNexis #0920-097
Aug
10
2020
Gray, In re--Louisiana Workforce Comm'n v. Gray
Ruling:
Creditor's motion seeking a judgment that debt owed by debtor was nondischargeable wasgranted as the debtor represented that he was unemployed even during periods he wasemployed and earning wages. (Bankr. W.D. La.)
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Consumer case opionion summary, case decided on August 10,2020, LexisNexis #0920-060
Aug
10
2020
Dear, In re
Ruling:
Debtor's motion for imposition of automatic stay in third case filed after two dismissals wasgranted where he filed the petition in good faith with clear and convincing evidence. (Bankr.D. Kan.)
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Consumer case opionion summary, case decided on August 10,2020, LexisNexis #0920-054
Aug
08
2020
In re--Murray Oak Grove Coal, LLC v. Bay Point Capital Partners II, LP
Ruling:
Court required application of the replacement-value standard as secured creditor's collateralwas not being surrendered to the creditor. (Bankr. S.D. Ohio)
Court: 6th Circuit ( ) [ Bankruptcy Court ]
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Commercial case opionion summary, case decided on August 08,2020, LexisNexis #0920-057
Aug
08
2020
Khan, In re
Ruling:
Fees the firm incurred in rendered legal service was reasonable, but the number of hours spentin seeking the court's approval was not. (Bankr. W.D. Mich.)
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Consumer case opionion summary, case decided on August 08,2020, LexisNexis #0920-051
Aug
08
2020
Murray Metallurgical Coal Holdings, LLC, In re
Ruling:
Creditor could not elect to treat its claim as fully secured where collateral was being soldunder the plan and forfeited any right it had to credit bid on the collateral alone when itconsented to the bidding procedures. (Bankr. S.D. Ohio)
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Commercial case opionion summary, case decided on August 08,2020, LexisNexis #0920-068
Aug
07
2020
Glaspell, In re--Glaspell v. United States
Ruling:
Debtor’s complaint for reimposition of the automatic stay denied and subrogation of creditor’sclaim against the estate was not available as debtor and the estate were not co-debtors. (Bankr.N.D. W. Va.)
Court: Judge or Jurisdiction information not available
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Consumer case opionion summary, case decided on August 07,2020, LexisNexis #0920-058
Aug
07
2020
Pike, In re
Ruling:
Pre-petition obligations became claims against the debtor's estate upon a post-dischargeconversion from Chapter 7 to Chapter 13. (Bankr. S.D. Ill.)
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Consumer case opionion summary, case decided on August 07,2020, LexisNexis #0920-092
Aug
07
2020
Fansteel Foundry Corp., In re--Dooley v. Luxfer MEL Techs.
Ruling:
Bankruptcy court's decision that ordinary course of business defense did not apply wasremanded for explanation as to why the court adopted 47 days as the cut-off period. (B.A.P. 8thCir.)
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Commercial case opionion summary, case decided on August 07,2020, LexisNexis #0920-065