Jan
24
2023
Burts Constr., Inc., In re
Ruling:
Creditor's pre-petition lien on accounts did not extend to the proceeds of a post-petition sale.(Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on January 24,2023, LexisNexis #0323-066
Jan
23
2023
Ringgold, In re--Glatz Aeronautical Corp. v. Ringgold
Ruling:
Creditor was entitled to summary judgment with respect to its burden establishing that thesanctions order represented a nondischargeable debt for willful injury. (Bankr. E.D. Pa.)
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Consumer case opionion summary, case decided on January 23,2023, LexisNexis #0323-062
Jan
23
2023
Pratt, In re
Ruling:
Court found that it was appropriate to modify the debtors' Chapter 13 plan to increase planpayments to account for car insurance, fuel and maintenance and increased HSA contribution.(Bankr. D. Idaho)
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Consumer case opionion summary, case decided on January 23,2023, LexisNexis #0323-075
Jan
20
2023
Phenomenon Mktg. & Ent., LLC, In re
Ruling:
Debtors' motion to file unredacted version of separation agreement under seal was granted asthe information that debtors sought to file constituted confidential commercial information.(Bankr. C.D. Cal.)
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Commercial case opionion summary, case decided on January 20,2023, LexisNexis #0323-051
Jan
20
2023
Bartlett, In re
Ruling:
Debtor's petition for Chapter 7 relief was presumed abusive as debtor could make substantialChapter 13 plan payments without undue hardship. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on January 20,2023, LexisNexis #0323-067
Court: Judge or Jurisdiction information not available
Jan
20
2023
Hacienda Co., LLC, In re
Ruling:
Trustee failed to establish sufficient cause for dismissal as it showed no ongoing violation ofthe Controlled Substances Act or that any future trustee would have to violate the CSA. (Bankr.C.D. Cal.)
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Commercial case opionion summary, case decided on January 20,2023, LexisNexis #0323-069
Jan
20
2023
Myers, In re
Ruling:
Confirmation of debtor's Chapter 13 plan was denied as it was not filed in good faith. (Bankr.M.D. Fla.)
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Consumer case opionion summary, case decided on January 20,2023, LexisNexis #0323-073
Jan
20
2023
Morgado, In re--Ruszkowski v. Morgado
Ruling:
Debts were nondischargeable absent any issue of material fact regarding fiduciary defalcation.(Bankr. D. Conn.)
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Consumer case opionion summary, case decided on January 20,2023, LexisNexis #0323-058
Jan
20
2023
Morozov, In re
Ruling:
Loans were nondischargeable as debtor knew of the loans, yet failed to list or schedule them, and the creditor did not have actual knowledge of the bankruptcy case in time to file a timely proof of claim. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on January 20,2023, LexisNexis #0523-011
Jan
19
2023
Lopez, In re--Lopez v. Cartagena
Ruling:
Defendant’s request for certiorari in a state court action initiated by the debtor did notconstitute a violation of the automatic stay. (Bankr. D.P.R.)
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Consumer case opionion summary, case decided on January 19,2023, LexisNexis #0323-027
Court: Judge or Jurisdiction information not available
Jan
19
2023
Russell, In re
Ruling:
Creditor's failure to respond to a request for a copy of a revolving consumer credit agreementdid not result in disallowance of that creditor's claim as all three of the properly filed claim.(Bankr. D. Me.)
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Consumer case opionion summary, case decided on January 19,2023, LexisNexis #0323-048
Jan
19
2023
United States v. Alicea
Ruling:
Shared responsibility payment operated as a tax collected by the IRS as part of the regularincome tax filing process and was entitled to priority claim status. (4th Cir.)
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Consumer case opionion summary, case decided on January 19,2023, LexisNexis #0323-034
Court: Judge or Jurisdiction information not available
Jan
18
2023
Murray, In re--Robertson v. Murray
Ruling:
Defamation judgment was excepted from debtor's Chapter 7 discharge as it met the willfuland malicious standard. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on January 18,2023, LexisNexis #0323-061
Jan
18
2023
Douglas Cullinan, In re--Coastal States Bank v. Douglas Cullinan
Ruling:
Bankruptcy court would enter a stay pending appeal as to the wife to avoid irreparable harmto the creditor given the creditor's likelihood of success as to the grant of summaryjudgment as to her. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on January 18,2023, LexisNexis #0323-095
Jan
18
2023
Tesler, In re--4820 & 4901, Ltd. v. Tesler
Ruling:
Complaint in adversary proceeding plausibly alleged defendant acted with intent to hinder,delay or defraud by failing to provide complete responses to discovery or to inquiriesregarding his assets and their current status. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on January 18,2023, LexisNexis #0323-068