Apr
11
2018
Amaya, In re
Ruling:
Plan confirmed as it satisfied the equal monthly payment requirement and secured creditorsretained their lien. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on April 11,2018, LexisNexis #0518-086
Apr
11
2018
Sixty One Sixty, LLC, In re
Ruling:
Award of sanctions was not warranted as the court did not find that the debtor and itsmembers knew, or reasonably believed, that they were filing the petition for an improperpurpose. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on April 11,2018, LexisNexis #0518-088
Apr
11
2018
Tabor, In re
Ruling:
Court granted motion for sanctions against debtor's counsel as the face of the schedulesproved debtor was not eligible for chapter 13 relief. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on April 11,2018, LexisNexis #0518-062
Apr
10
2018
Clinical Pet of Ocala, LLC, In re
Ruling:
Court ruled that termination of debtor's use of cash collateral was appropriate as it failed tomake adequate protection payments. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on April 10,2018, LexisNexis #0518-071
Apr
10
2018
Abengoa Bioenergy Biomass of Kansas, LLC, In re
Ruling:
Court approved compromises as they were within the range of reasonableness, fair, andequitable. (Bankr. D. Kan.)
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Commercial case opionion summary, case decided on April 10,2018, LexisNexis #0518-089
Apr
10
2018
Quiroz, In re--Quiroz v. United States
Ruling:
Debt to the IRS was excepted from discharge where IRS failed to prove that debtor willfullyattempted to evade his payment. (Bankr. N.D. Okla.)
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Consumer case opionion summary, case decided on April 10,2018, LexisNexis #0518-074
Apr
10
2018
Randall, In re
Ruling:
Debtors were required to pay the six percent interest on the DSO claims where the DSOdefinition provided an explicit inclusion of interest. (Bankr. N.D. Tex.)
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Consumer case opionion summary, case decided on April 10,2018, LexisNexis #0518-061
Apr
10
2018
BMT-NW Acquisition, LLC, In re--Stanziale v. Brown-Minneapolis Tank ULC, LLC
Ruling:
Motion to dismiss fraudulent transfer claim denied in part as trustee pled sufficient facts toshow that debtor received less than reasonably equivalent value for the transfers. (Bankr. D.Del.)
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Commercial case opionion summary, case decided on April 10,2018, LexisNexis #0518-077
Apr
10
2018
Keener, In re
Ruling:
Creditor's motion to convert was granted where debtor failed to file a disclosure statement orplan within the time fixed by order of the court. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on April 10,2018, LexisNexis #0518-081
Apr
10
2018
Carr, In re
Ruling:
Fee applications denied as the attorneys failed to sign and file with the court theirunderstandings that they had with the debtor regarding the mariner in which their paymentwould be made under the plan. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on April 10,2018, LexisNexis #0518-066
Apr
10
2018
Malek, In re
Ruling:
Debtor's motion to dismiss denied and case converted to chapter 7 after failing to sellproperties within the marketing period as required by the plan. (Bankr. D. Mont.)
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Consumer case opionion summary, case decided on April 10,2018, LexisNexis #0518-084
Apr
10
2018
Williams, In re
Ruling:
Court sustained creditor's objection to confirmation as the plan proposed to pay the creditora lesser amount until debtor's attorney's fees were paid in full. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on April 10,2018, LexisNexis #0518-085
Apr
09
2018
Spectrum Healthcare LLC, In re
Ruling:
Court granted debtor's motion to wind-down and cease to operate a nursing home facility.(Bankr. D. Conn.)
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Commercial case opionion summary, case decided on April 09,2018, LexisNexis #0518-070
Apr
09
2018
Adams, In re
Ruling:
Court overruled debtor's objection to SSA's proof of claim as his belief that his income for one month should not have been considered because he was within a trial work period did not rise to the level of a substantial factual basis sufficient to overcome the presumption of validity. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on April 09,2018, LexisNexis #0518-119
Apr
09
2018
Austin, In re--United States v. Austin
Ruling:
Appellate panel reversed bankruptcy court's order sustaining debtors' objection to the IRS'sproof of claim after debtors failed to present substantial evidence sufficient to overcome thepresumption of the validity and amount of the IRS's proof of claim. (B.A.P. 8th Cir.)
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Consumer case opionion summary, case decided on April 09,2018, LexisNexis #0518-073