Oct
16
2020
Barretto, In re--Darienzo v. Barretto
Ruling:
Debt was dischargeable in bankruptcy as creditor failed to prove that he advanced themoney to the debtor or that the debtor made any misrepresentations. (Bankr. D. Haw.)
Court: Judge or Jurisdiction information not available
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Consumer case opionion summary, case decided on October 16,2020, LexisNexis #1220-009
Oct
16
2020
Waters Retail TPA, LLC, In re
Ruling:
Best interest test of § 1129(a)(7) was satisfied as confirmation of the plan provided eachrejecting creditor and interest holder with a recovery that was not less than such holderwould receive in a Chapter 7 liquidation of debtors' assets. (Bankr. N.D. Tex.)
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Commercial case opionion summary, case decided on October 16,2020, LexisNexis #1220-018
Oct
16
2020
Ellingsworth Residential Cmty. Ass’n, In re
Ruling:
Subchapter V plan confirmed as fair and equitable where there was a high likelihood thedebtor would make payments and the plan provided adequate protection to creditors.(Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on October 16,2020, LexisNexis #1220-019
Oct
15
2020
Mendenhall, In re--Mendenhall v. Navient Corp.
Ruling:
Partial discharge of student loan debt was warranted as debtor's current inability to pay theentire amount of the loans would persist in the future and he demonstrated a good faith effortto repay the loans. (Bankr. D. Idaho)
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Consumer case opionion summary, case decided on October 15,2020, LexisNexis #1120-89
Oct
15
2020
Maniscalco, In re
Ruling:
Denial of discharge denied as creditor failed to prove that debtor knowingly and fraudulentlymisstated the value of his equity interest as alleged in Count II of the complaint so as toconstitute a false oath. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on October 15,2020, LexisNexis #1120-92
Oct
15
2020
Twiford Enters., In re--Twiford Enters. v. Rolling Hills Bank & Trust
Ruling:
Bankruptcy court did not err in awarding post-judgment interest to creditor bank. (B.A.P.10th Cir.)
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Commercial case opionion summary, case decided on October 15,2020, LexisNexis #1220-008
Oct
15
2020
Patel, In re
Ruling:
Case ordered converted to Chapter 7 in the best interests of creditors as there were multiplematerial defaults under the confirmed plan. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on October 15,2020, LexisNexis #1220-017
Oct
14
2020
Keane, In re
Ruling:
Debtor's landlord late-filed claim allowed subject to subordination to timely filed claims.(Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on October 14,2020, LexisNexis #1220-007
Oct
14
2020
Waters Retail TPA, LLC, In re
Ruling:
Chapter 11 debtors' second amended joint plan of liquidation was confirmed as proposed ingood faith and accepted by a sufficient number of creditors. (Bankr. N.D. Tex.)
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Commercial case opionion summary, case decided on October 14,2020, LexisNexis #1120-95
Oct
14
2020
Moore & Moore Trucking, LLC, In re
Ruling:
Motion to lift the automatic stay has been denied where there was adequate protection forcreditor. (Bankr. E.D. La.)
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Commercial case opionion summary, case decided on October 14,2020, LexisNexis #1120-80
Oct
14
2020
Extraction Oil & Gas, Inc., In re--Extraction Oil & Gas, Inc. v. Elevation Midstream, LLC
Ruling:
Transportation services agreements with defendant did not contain covenants running withthe land and were subject to rejection. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on October 14,2020, LexisNexis #1120-81
Oct
14
2020
Wetter, In re
Ruling:
Debtor's motion to convert case from Chapter 7 to Chapter 11 in order to elect Subchapter Vstatus denied given debtor's conduct. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on October 14,2020, LexisNexis #1120-97
Oct
14
2020
Treasure Valley Marine, Inc., LLC, In re
Ruling:
Creditors were entitled to the actual and necessary, reasonable expenses incurred in filing theinvoluntary petition and for related criminal prosecution to the extent adequately explained.(Bankr. D. Idaho)
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Commercial case opionion summary, case decided on October 14,2020, LexisNexis #1120-82
Oct
13
2020
Giles, In re--Mote v. Giles
Ruling:
Debtor's loan debt was not excepted from discharge as creditors failed to prove false pretensesthat gave rise to the debt since the only false representation alleged was that of the debtor'sdeceased husband. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on October 13,2020, LexisNexis #1220-038
Oct
13
2020
Miller, In re
Ruling:
Chapter 7 trustee's application to employ Special Counsel granted. (Bankr. E.D. Cal.)
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Consumer case opionion summary, case decided on October 13,2020, LexisNexis #1120-76