Sep
05
2018
Plichta, In re
Ruling:
Dismissal was not warranted as neither the means test nor the totality of the circumstancesgave rise to a presumption of abuse. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on September 05,2018, LexisNexis #1018-080
Sep
05
2018
Tribune Media Co., In re
Ruling:
Bankruptcy court had statutory authority to decide on employee's employmentdiscrimination claims as he never objected to it during bankruptcy proceedings and insteadknowingly and voluntarily submitted to the court's jurisdiction. (3d Cir.)
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Commercial case opionion summary, case decided on September 05,2018, LexisNexis #1018-084
Court: Judge or Jurisdiction information not available
Sep
04
2018
C & M Invs. of High Point Inc., In re
Ruling:
Claims dismissed as court did not have subject matter jurisdiction over claims regarding theassignment of intellectual property to LLC. (Bankr. M.D.N.C.)
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Commercial case opionion summary, case decided on September 04,2018, LexisNexis #1018-087
Sep
04
2018
Duggan, In re
Ruling:
Motion to proceed in forma pauperis denied where debtor had numerous continuancesscheduled to consider confirmation of her proposed chapter 13 plans and had failed to file therequired documents. (Bankr. E.D. Tex.)
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Consumer case opionion summary, case decided on September 04,2018, LexisNexis #1018-089
Sep
04
2018
New, In re--Dumitrache v. New
Ruling:
Court concluded attorney's fees were domestic support obligations and debt was bothnondischargeable in bankruptcy and a priority claim that had to be paid in full over the lifeof the defendant's chapter 13 plan. (Bankr. N.D. Miss.)
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Consumer case opionion summary, case decided on September 04,2018, LexisNexis #1018-076
Sep
04
2018
Lane, In re
Ruling:
Court granted debtor's motion for sanctions where creditors' actions in filing the secondadversary proceeding on issues that had been previously litigated amounted to frivolouslitigation tactics and constituted abuse of the bankruptcy process. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on September 04,2018, LexisNexis #1018-061
Sep
04
2018
Freeman, In re
Ruling:
Court denied debtor's motion seeking sanctions against LLC as the confirmation order hadno effect on the LLC's lien or the debt secured by that lien. (Bankr. C.D. Cal.)
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Consumer case opionion summary, case decided on September 04,2018, LexisNexis #1018-078
Sep
04
2018
Wright, In re
Ruling:
Court ordered attorney to disgorge value of fees LLC collected from debtors in cases wherehe used the LLC's billing service as he failed to inform the court about the arrangement withthe LLC. (Bankr. N.D. Okla.)
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Consumer case opionion summary, case decided on September 04,2018, LexisNexis #1018-063
Sep
04
2018
Randle, In re--Randle v. Saga Auto Sales, Inc.
Ruling:
Debtors' claims for relief dismissed as they violated chapter 75 of the North Carolina generalstatutes and defendant did not fall within the federal debt collection practices act definitionof a debt collector. (Bankr. M.D.N.C.)
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Consumer case opionion summary, case decided on September 04,2018, LexisNexis #1018-065
Aug
31
2018
Buckeye Activewear, LLC, In re
Ruling:
Motion to dismiss case was granted where alleged debtor demonstrated evidence that a bonafide dispute existed and petitioning creditor failed to satisfy the eligibility requirements.(Bankr. N.D. Ohio)
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Commercial case opionion summary, case decided on August 31,2018, LexisNexis #1018-062
Aug
31
2018
Guevara, In re
Ruling:
Motion for retroactive relief from stay granted where purchaser's lack of notice regardingdebtor's bankruptcy and payment of taxes consistent with the duties of a property owner bothweighed in favor of retroactive annulment of the automatic stay. (Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on August 31,2018, LexisNexis #1018-066
Aug
31
2018
Lombard, In re--Browne v. Lombard
Ruling:
Claims dismissed as the plaintiffs lacked standing to seek an order denying debtor's discharge for fraudulently false statements under oath. (Bankr. D.N.H.)
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Consumer case opionion summary, case decided on August 31,2018, LexisNexis #1018-054
Aug
30
2018
Kenny, In re--Bryant v. Kenny
Ruling:
Judgment debt could not be excepted from discharge where plaintiff failed to provejustifiable reliance as it required something more than a mere onetime oral conversation.(Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on August 30,2018, LexisNexis #1018-072
Aug
30
2018
Hunsaker v. United States
Ruling:
Sovereign immunity did not preclude an award of emotional distress damages against the United States for willful violation of the bankruptcy code's automatic stay. (9th Cir.)
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Consumer case opionion summary, case decided on August 30,2018, LexisNexis #1018-031
Court: Judge or Jurisdiction information not available
Aug
30
2018
Culp, In re
Ruling:
Insurance proceeds received by debtors constituted property of the estate as the debtors were owners of the property and the insurance policy prepetition and were also beneficiaries under the policy. (Bankr. D. Del.)
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Consumer case opionion summary, case decided on August 30,2018, LexisNexis #1018-049