Jul
30
2021
LBD, PLLC, In re
Ruling:
Confirmation as management group payments and payments of unauthorized owner drawswere made during the course of the case indicated a lack of good faith. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on July 30,2021, LexisNexis #0921-070
Jul
29
2021
Culp, In re
Ruling:
Court applied the withholding rule in which the entire federal income tax refund wasproperty of the bankruptcy estate, subject to any allowed exemption, because it wasundisputed. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on July 29,2021, LexisNexis #0921-042
Jul
29
2021
Wheatley, In re
Ruling:
Debtor who lived in Illinois but also owned a condominium in Michigan with his wife couldclaim an exemption in the Michigan property as the phrase "applicable nonbankruptcy law" in§ 522(b)(3)(B) is not limited to the law of debtor's domicile state. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on July 29,2021, LexisNexis #0921-058
Jul
29
2021
Lemiszka, In re--Lemiszka v. Lemiszka
Ruling:
Debt was not excepted from discharge as the evidence did not show that debtor's allegedlyfalse representations were false when made or made with the intention to deceive the creditunion. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on July 29,2021, LexisNexis #0921-060
Jul
28
2021
Lincoln, In re--Lincoln v. Snyder
Ruling:
Appeal was dismissed as moot because the bankruptcy was dismissed and there was no needfor a credit counseling certificate. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on July 28,2021, LexisNexis #0921-026
Jul
28
2021
Int'l Supply Co., In re--Stone v. Morton Cmty. Bank
Ruling:
Loan payments were not avoidable as debtor received reasonably equivalent value inexchange for incurring the obligations and for making the payments. (Bankr. C.D. Ill.)
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Commercial case opionion summary, case decided on July 28,2021, LexisNexis #0921-043
Jul
28
2021
Ortega, In re--Harrington v. Maali
Ruling:
Judgment for the repeated violations by bankruptcy petition preparer affirmed. (B.A.P. 1st Cir.)
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Consumer case opionion summary, case decided on July 28,2021, LexisNexis #0921-027
Jul
28
2021
Kohout, In re--Snyder v. Kohout
Ruling:
Court found that U.S. Trustee has failed to prove by a preponderance of the evidence thatdebtor acted with the requisite intent necessary for a denial of discharge. (Bankr. D. Minn.)
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Consumer case opionion summary, case decided on July 28,2021, LexisNexis #0921-045
Jul
28
2021
Aiwa Corp., In re
Ruling:
Creditor's motion to modify the automatic stay was denied as premature and prejudicial to thedebtor and the estate. (Bankr. N.D. Ill.)
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Commercial case opionion summary, case decided on July 28,2021, LexisNexis #0921-031
Jul
28
2021
Vandevco Ltd., In re--Cerner Middle East Ltd. v. Belbadi Enters., LLC
Ruling:
Adversary proceeding alleging breach of contract was dismissed because the United ArabEmirates (UAE) was an adequate alternative forum. (Bankr. W.D. Wash.)
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Commercial case opionion summary, case decided on July 28,2021, LexisNexis #0921-048
Jul
28
2021
Minkina, In re
Ruling:
Chapter 13 debtor was entitled to avoidance of a judicial lien against her residence in itsentirety because the lien impaired the homestead exemption to which she was entitled. (Bankr.D. Mass.)
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Consumer case opionion summary, case decided on July 28,2021, LexisNexis #0921-035
Jul
27
2021
Duran, In re
Ruling:
Bankruptcy case dismissed because debtor misrepresented facts in his petition and unfairlymanipulated the bankruptcy code in inequitable manner. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on July 27,2021, LexisNexis #0921-028
Jul
27
2021
Destileria Nacional, Inc., In re
Ruling:
Court deemed that creditor that had obtained a claim against a Chapter 11 small businessdebtor through transfer was a party in interest that could propose a competing plan. (Bankr.D.P.R.)
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Commercial case opionion summary, case decided on July 27,2021, LexisNexis #0921-046
Court: Judge or Jurisdiction information not available
Jul
27
2021
Bluestem Brands, Inc., In re
Ruling:
Claim arising from goods physically received and sold by debtors post-petition warrantedadministrative status. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on July 27,2021, LexisNexis #0921-033
Jul
26
2021
Eady, In re--Eady v. United States
Ruling:
Chapter 7 debtor was not entitled to discharge his student loans as he did not meet theWilliams or Brunner tests. (Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on July 26,2021, LexisNexis #0921-039