Jul
27
2018
Horned Dorset Primavera, Inc., In re
Ruling:
Corporation that owned real property violated the automatic when it filed the "Instancia" bywhich it requested the property registrar to alter the ranks of the liens and subordinate thedebtor's deed of usufruct. (Bankr. D.P.R.)
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Commercial case opionion summary, case decided on July 27,2018, LexisNexis #0918-004
Jul
27
2018
Gamble, In re--Pinnacle Agric. Distrib. v. Gamble
Ruling:
Discharge was warranted as there was no evidence that debtor intentionally concealed ortransferred property with the intent to defraud creditor. (Bankr. E.D. Okla.)
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Consumer case opionion summary, case decided on July 27,2018, LexisNexis #0918-020
Jul
27
2018
John P., In re--Customers Bank v. John P.
Ruling:
Motion to dismiss was granted in part as creditor failed to allege in detail debtors’ intent inmaking an allegedly fraudulent statement. (Bankr. E.D. Pa.)
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Consumer case opionion summary, case decided on July 27,2018, LexisNexis #0918-021
Jul
27
2018
Madoff, In re--Sec. Investor Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC
Ruling:
Court sustained trustee's determination of the claims at zero as the claimant waived anyobjection to the treatment of "PW" transactions in the LLC's accounts as cash withdrawals.(Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on July 27,2018, LexisNexis #0918-007
Jul
26
2018
Morse, In re--Estate of Rossi v. Morse
Ruling:
Debt excepted from discharge as debtor willfully and maliciously converted trust funds toher own use. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on July 26,2018, LexisNexis #0918-010
Jul
26
2018
Abell, In re--Conner, Inc. v. Abell
Ruling:
Debt could not be excepted from discharge as creditor failed to establish misrepresentation.(Bankr. D. Md.)
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Consumer case opionion summary, case decided on July 26,2018, LexisNexis #0918-011
Jul
26
2018
Sherman, In re--Maljamar Fuel Stop, LLC v. Sherman
Ruling:
Creditor was entitled to a nondischargeable debt after establishing all the required elementsof nondischargeability for debt obtained by fraud. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on July 26,2018, LexisNexis #0918-012
Jul
26
2018
Bukovics, In re--Bukovics v. Navient
Ruling:
Student loan debt deemed nondischargeable as debtor failed to show that paying the debtwould impose undue hardship on her. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on July 26,2018, LexisNexis #0918-014
Jul
26
2018
Capps, In re--Cybertron Int'l, Inc. v. Capps
Ruling:
Liabilities for acts committed postpetition may be pursued as the restrictive covenantobligations were not claims in debtor's bankruptcy and were not discharged. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on July 26,2018, LexisNexis #0918-016
Jul
26
2018
Thiel, In re--Velde v. Thiel
Ruling:
Court did not commit clear error in revoking debtor's discharge for failing to surrenderfederal and state income tax returns to the trustee. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on July 26,2018, LexisNexis #0918-022
Jul
25
2018
Caudill, In re
Ruling:
Court held that debtors' home was worth $49,600 and that creditor's expert opinion as to thedimensions of the property for purposes of finding the appropriate value under § 506(a) wasconsistent and credible. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on July 25,2018, LexisNexis #0918-026
Jul
25
2018
Topfer, In re--Topfer v. Topfer
Ruling:
Limited relief from the automatic stay was granted to debtor's wife where court permissivelyabstained from hearing the divorce action and remanded the matter to the state court to allowit to determine matrimonial issues. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on July 25,2018, LexisNexis #0918-027
Jul
25
2018
Wrightwood Guest Ranch, LLC, In re--Reid & Hellyer, APC v. Laski
Ruling:
Bankruptcy court did not err in approving the settlement agreement where law firms failedto explicitly object to the settlement or entered an appearance. (9th Cir.)
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Commercial case opionion summary, case decided on July 25,2018, LexisNexis #0918-030
Court: Judge or Jurisdiction information not available
Jul
25
2018
Homaidan, In re--Homaidan v. SLM Corp.
Ruling:
Court denied creditors' motion to compel arbitration as creditor violated § 524 when theydemanded payment from the debtor when debts were not student loans and had beendischarged. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on July 25,2018, LexisNexis #0918-015
Jul
25
2018
Groth, In re
Ruling:
Trustee's objection to confirmation sustained where debtor's homeowners' association dueswere not justified by special circumstances and her lack of a reasonable alternative to payingthose dues did not allow her to deduct them. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on July 25,2018, LexisNexis #0918-019