Oct
27
2020
Juravin, In re--FTC v. Juravin
Ruling:
FTC proved by more than a preponderance of the evidence that debtor intended to deceiveconsumers by marketing his weight-loss products while knowing they did not work aspromoted. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on October 27,2020, LexisNexis #1220-039
Oct
27
2020
305 Petroleum, Inc., In re
Ruling:
Small business debtor that was a member of a group of affiliates whose aggregate debtexceeded $7,500,000 was not eligible under Subchapter V. (Bankr. N.D. Miss.)
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Commercial case opionion summary, case decided on October 27,2020, LexisNexis #1220-026
Oct
27
2020
Miralda, In re
Ruling:
Debtor’s counsel award of fees and costs for work on summary judgment motion determinedusing the lodestar method. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on October 27,2020, LexisNexis #1220-029
Oct
27
2020
Pyle, In re
Ruling:
Automatic stay prevented the filing of post-petition liens as the liens were actions againstproperty of the estate and sought to improve the lienholders' status post-petition from postpetition creditor to secured creditor. (Bankr. C.D. Cal.)
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Consumer case opionion summary, case decided on October 27,2020, LexisNexis #1220-031
Oct
27
2020
Palmer Equip., LLC, In re
Ruling:
Motion to vacate a court order approving settlement and distribution of funds from sale ofequipment was not moot as the result of consummation of the sale because the remediesrequested did not affect the validity of the sale. (Bankr. D. Utah)
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Commercial case opionion summary, case decided on October 27,2020, LexisNexis #1220-034
Oct
26
2020
Da Liquidating Corp., In re--Miller v. Easy Star Records
Ruling:
Preference proceeding dismissed due to insufficient factual allegations. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on October 26,2020, LexisNexis #1220-041
Oct
26
2020
Ultra Petroleum Corp., In re
Ruling:
Court allowed a contractual claim for make-whole liquidated damages where the underlyinginterest bearing note was prepaid. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on October 26,2020, LexisNexis #1220-058
Oct
26
2020
North Carolina New Sch. Inc., In re
Ruling:
Court sustained trustee's objection to creditor's claim that was received by the clerk's officeone day after the deadline because the mailbox presumption did not apply to the filing of aproof of claim under Rule 3002(c). (Bankr. M.D.N.C.)
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Commercial case opionion summary, case decided on October 26,2020, LexisNexis #0121-048
Oct
26
2020
Rosales, In re--Morris v. King
Ruling:
Defendant's noncompliance with § 329(a) warranted full disgorgement of attorney fees andexpenses disbursed from the personal injury settlement. (Bankr. D. Kan.)
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Consumer case opionion summary, case decided on October 26,2020, LexisNexis #1220-028
Oct
26
2020
Filene's Basement, LLC, In re
Ruling:
Order entered enforcing the confirmation order and plan and settlement embodied in theplan. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on October 26,2020, LexisNexis #1220-045
Oct
26
2020
Williams, In re
Ruling:
Debtor's debt to HHS was not discharged and HHS did not violate the discharge injunction inseeking to collect. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on October 26,2020, LexisNexis #1220-063
Oct
26
2020
Goldfeder, In re
Ruling:
Objection to debtor's claim of exemption was denied where objecting bank did not satisfy itsburden of proof to show that the homestead exemption was improperly claimed. (Bankr. D.Del.)
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Consumer case opionion summary, case decided on October 26,2020, LexisNexis #1220-049
Oct
23
2020
Heritage Real Estate Inv., Inc., In re--Harrison v. Heritage Real Estate Inv., Inc.
Ruling:
Exceptions to res judicata did not apply as plaintiffs did not meet the "cause" standard andwere ineligible for relief since the claim determination had no prospective application. (Bankr.S.D. Miss.)
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Commercial case opionion summary, case decided on October 23,2020, LexisNexis #1220-036
Court: Judge or Jurisdiction information not available
Oct
23
2020
Lee, In re--U.S. Nat'l Bank Assoc. v. Lee
Ruling:
Relief from stay was granted absent a reasonable prospect of reorganization. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on October 23,2020, LexisNexis #1220-055
Oct
23
2020
James, In re--James v. Select Portfolio Servicing, Inc.
Ruling:
Factors strongly favored permissive abstention where debtor had already received adischarge, bankruptcy estate had been fully administered and the foreclosure proceedingwas commenced prior to her bankruptcy filing. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on October 23,2020, LexisNexis #0121-047