Feb
26
2021
Cred Inc., In re
Ruling:
The automatic stay does not apply to actions against non-debtors or their property. (Bankr. D.Del.)
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Commercial case opionion summary, case decided on February 26,2021, LexisNexis #0421-055
Feb
25
2021
Vanhorn, In re--Upper Explorerland Reg'l Planning Comm'n v. Vanhorn
Ruling:
Creditor was not entitled to summary judgment that his claim was nondischargeable ongrounds of willful and malicious injury as he did not show that debtor intended to causeplaintiff financial harm. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on February 25,2021, LexisNexis #0421-009
Feb
25
2021
McLachlan, In re
Ruling:
Motion to extend automatic stay was denied because of debtor's bad faith due to recklessgambling, nonperformance in previous cases and repetitive filings which demonstrated anabuse to the provisions. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on February 25,2021, LexisNexis #0421-003
Feb
25
2021
Sutter, In re
Ruling:
Debtor could avoid partial lien on second property by using available exemptions to producean artificial impairment. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on February 25,2021, LexisNexis #0421-036
Feb
25
2021
Crowe, In re
Ruling:
Creditor was granted limited relief from the automatic stay to allow state court action toproceed for the sole purpose of liquidating the pre-petition claim. (Bankr. D. Ariz.)
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Consumer case opionion summary, case decided on February 25,2021, LexisNexis #0421-005
Feb
25
2021
Destileria Nacional Inc., In re
Ruling:
Debtor's objection to a claim for penalties and surcharges for late-filed personal property taxeswas rejected as debtor failed to establish that a portion of the claim was administrative. (Bankr.D.P.R.)
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Commercial case opionion summary, case decided on February 25,2021, LexisNexis #0421-006
Court: Judge or Jurisdiction information not available
Feb
24
2021
Sanchez, In re--Cooper v. Sanchez
Ruling:
Creditor was entitled to a default judgment that debt was nondischargeable as complaintcontained sufficient factual allegations to establish a prima facie case that debt was in thenature of support and, therefore, nondischargeable. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on February 24,2021, LexisNexis #0421-008
Feb
24
2021
Epperson, In re--Epperson v. Educ. Credit Mgmt. Corp.
Ruling:
Student loan remained nondischargeable as debtor failed to demonstrate compliance with theestablished legal requirement to apply his or her income to the repayment of a student loanbefore the loan could be discharged. (Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on February 24,2021, LexisNexis #0421-010
Feb
24
2021
Asbra, In re
Ruling:
Motion to dismiss Chapter 7 case was denied as the evidence was insufficient to establish thatdebtor reduced his creditors to a single creditor pre-petition. (Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on February 24,2021, LexisNexis #0421-091
Feb
24
2021
Ton, In re
Ruling:
Debtor's second amended plan of reorganization as modified was confirmed as the agreementwith creditors reflected in the Plan was fair and equitable, and in the best interests of theEstate and its respective creditors. (Bankr. E.D. La.)
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Consumer case opionion summary, case decided on February 24,2021, LexisNexis #0421-015
Feb
24
2021
Kearney v. Unsecured Creditors Comm.
Ruling:
Unsecured creditors committee reorganization plan did not violate 11 U.S.C. § 1129(a)(3) as theplan was not proposed by means forbidden by law nor was it proposed in bad faith. (10th Cir.)
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Consumer case opionion summary, case decided on February 24,2021, LexisNexis #0421-018
Court: Judge or Jurisdiction information not available
Feb
24
2021
Moss, In re
Ruling:
No automatic stay was in effect where debtor had multiple prior filings in the past year anddid not request that the stay extend beyond 30 days. (Bankr. D.S.C.)
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Consumer case opionion summary, case decided on February 24,2021, LexisNexis #0521-002
Court: Judge or Jurisdiction information not available
Feb
23
2021
Leatherwood, In re
Ruling:
Exception to discharge for unlisted debts ceased to apply to a creditor's judgment against adebtor who had received a discharge in a no-asset Chapter 7 case. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on February 23,2021, LexisNexis #0421-011
Feb
23
2021
Diocese of Buffalo, N.Y., In re
Ruling:
Debtor diocese could employ an additional law firm to represent it in a state court actionbrought by the state attorney general. (Bankr. W.D.N.Y.)
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Commercial case opionion summary, case decided on February 23,2021, LexisNexis #0421-076
Feb
23
2021
Archbishop of Agaña, In re--Agaña v. The U.S. Small Bus. Admin.
Ruling:
Anti-discrimination provisions of the Bankruptcy Code did not apply to PPP loan guarantees.(Bankr. D. Guam)
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Commercial case opionion summary, case decided on February 23,2021, LexisNexis #0421-045
Court: Judge or Jurisdiction information not available