Dec
13
2022
Wood, In re--Wood v. Wheatly
Ruling:
Judgment in fraudulent conveyance proceeding affirmed as appellant did not establish that agenuine issue of material fact existed regarding actual intent to hinder, delay, and defraud ajudgment. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on December 13,2022, LexisNexis #0223-062
Dec
12
2022
Harlow, In re--Harlow v. Wells Fargo & Co.
Ruling:
Chapter 13 debtors stated a valid claim against mortgagees for filing false forbearance noticesin order to benefit from CARES Act incentives. (Bankr. W.D. Va.)
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Consumer case opionion summary, case decided on December 12,2022, LexisNexis #0223-073
Dec
09
2022
John Patrick Lowe Chapter 7 Tr. v. IRS (Rouquette)
Ruling:
Trustee was entitled to prevail on his claim against the IRS, as a creditor, that the debtors' prepetition payment to the IRS of estimated taxes constituted a fraudulent transfer. (Bankr. W.D.Tex.)
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Consumer case opionion summary, case decided on December 09,2022, LexisNexis #0223-014
Dec
09
2022
Roman Catholic Diocese of Rockville Ctr., In re
Ruling:
Court authorized debtor to opt-in to treatment as a Participating Chartered Organization underthe Chapter 11 plan as a reasonable and appropriate use of property outside of the ordinarycourse of business. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on December 09,2022, LexisNexis #0223-025
Dec
09
2022
Csigi, In re--Ponce v. Csigi
Ruling:
Debtor was surcharged for the full amount of the assets of the trust that she used to pay for hermother's necessary living expenses due to failure to keep evidence or records of use of funds.(Bankr. D. Haw.)
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Consumer case opionion summary, case decided on December 09,2022, LexisNexis #0223-010
Court: Judge or Jurisdiction information not available
Dec
08
2022
J & M Supply of the Carolinas, LLC, In re
Ruling:
Debtor's turnover motion denied as debtor made no showing that the writ of execution hadbeen returned as unsatisfied. (Bankr. E.D.N.C.)
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Commercial case opionion summary, case decided on December 08,2022, LexisNexis #0223-013
Dec
08
2022
Certain Claims & Noticing Agents' Receipt of Fees, In re
Ruling:
Email addresses of federal judges, senior government officials, and court personnel wereentitled to protection as the corporation's position showed a complete lack of discretion anddisregard for the safety of judges. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on December 08,2022, LexisNexis #0223-017
Dec
07
2022
Klein, In re
Ruling:
Creditor's motion for a preliminary injunction to enjoin the debtors from spending thebalance of a U.S. Small Business Association loan was granted as the creditor demonstratedirreparable harm. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on December 07,2022, LexisNexis #0123-086
Dec
07
2022
Carmichael, In re
Ruling:
Bankruptcy court requested that the state court include, in any judgment against the debtor,findings on the elements of nondischargeability as including such findings would avoidanother trial on the same issues. (Bankr. N.D. Fla.)
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Consumer case opionion summary, case decided on December 07,2022, LexisNexis #0223-002
Dec
07
2022
Jones, In re
Ruling:
Debt was excepted from discharge as defendant used his side businesses to divert incomefrom plaintiff as well as caused plaintiff unwittingly to pay expenses incurred on defendant'sown behalf or on behalf of his other businesses. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on December 07,2022, LexisNexis #0223-008
Dec
06
2022
Thomason, In re
Ruling:
Extension of the automatic stay was not appropriate as debtor had not demonstrated by clearand convincing evidence that the second bankruptcy case was filed in good faith. (Bankr. D.Idaho)
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Consumer case opionion summary, case decided on December 06,2022, LexisNexis #0223-001
Dec
06
2022
Pearl Res. LLC, In re--Pearl Res. Operating Co., LLC v. Transcon Cap., LLC
Ruling:
Mandatory abstention was not warranted as the resolution of the claims would heavily impactthe administration of the bankruptcy estate. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on December 06,2022, LexisNexis #0223-020
Court: Judge or Jurisdiction information not available
Dec
06
2022
Stein, In re--Stein v. Nat'l Collegiate Student Loan Trust 2006-2
Ruling:
Court denied debtor summary judgment that the loans were dischargeable as she failed toproduce evidence that the same were not for educational expenses or that they exceeded thecost of attendance. (Bankr. D. Or.)
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Consumer case opionion summary, case decided on December 06,2022, LexisNexis #0223-009
Dec
06
2022
Espino, In re--Hopkins v. Martinez
Ruling:
Chapter 7 trustee could not exercise his strong-arm powers to avoid defendant's interest in thehouse as defendant was in open possession and bona fide purchaser could not merely rely onthe record. (Bankr. D. Idaho)
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Consumer case opionion summary, case decided on December 06,2022, LexisNexis #0223-012
Dec
05
2022
Bebeau, In re--Jensen v. Bebeau
Ruling:
Debtor's discharge was revoked as debtor continued to use the undisclosed bank account forbusiness and personal use both before and after his bankruptcy. (Bankr. D. Minn.)
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Consumer case opionion summary, case decided on December 05,2022, LexisNexis #0223-016