Feb
25
2019
Zalloum, In re
Ruling:
Request for sanctions was denied where the debtor sought money damages to punishhomeowner's association for prior alleged bad actions. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on February 25,2019, LexisNexis #0419-001
Feb
25
2019
Maxus Energy Corp. v. YPF S.A.
Ruling:
Court denied motion for mandatory abstention with respect to claims for unjust enrichment,alter ego, and civil conspiracy as they arose under the same events as the trustee's fraudulenttransfer claims. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on February 25,2019, LexisNexis #0419-023
Feb
25
2019
Corkran, In re
Ruling:
Court denied debtors' motion to reopen their chapter 7 case to amend their schedules and addan employment claim which was omitted as an asset in their original filing as they were theonly parties who stood to potentially benefit from reopening. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on February 25,2019, LexisNexis #0419-027
Feb
25
2019
Campanile, In re
Ruling:
Court denied the creditor's motion for relief from stay as granting it would not result in thecreditor being able to file a late claim. (Bankr. D.N.J.)
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Consumer case opionion summary, case decided on February 25,2019, LexisNexis #0419-028
Court: Judge or Jurisdiction information not available
Feb
25
2019
160 Royal Palm, In re
Ruling:
Debtor's motion to limit credit bidding granted where creditor had neither a lien nor anallowed claim and was not permitted to credit bid under the explicit text of 11 U.S.C. § 363(k).(Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on February 25,2019, LexisNexis #0419-029
Feb
24
2019
Heiser, In re
Ruling:
Debtor was allowed to treat creditor's installment land contract as a residential mortgage thatcan be cured during the plan's five-year term. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on February 24,2019, LexisNexis #0419-021
Feb
22
2019
Runnymede Capital Mgmt., In re
Ruling:
Bank's motion to dismiss trustee's complaint was denied as trustee adequately stated aplausible claim under applicable law that transfers of an interest occurred. (Bankr. W.D. Va.)
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Commercial case opionion summary, case decided on February 22,2019, LexisNexis #0419-062
Feb
22
2019
Batten, In re
Ruling:
Chapter 13 debtor did not have independent standing to assert a trustee's avoidance powersunder Chapter 5 of the bankruptcy code. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on February 22,2019, LexisNexis #0319-084
Feb
21
2019
Bane, In re
Ruling:
Creditor's citation lien on after-acquired property was a voidable preference where it wasfixed upon any and all property debtor acquired during the 90-day period and debtor met allrequirements under 11 U.S.C. § 547. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on February 21,2019, LexisNexis #0419-017
Feb
21
2019
Skymark Props. II, In re
Ruling:
Debtor's cash collateral motion denied where rental income from debtor's tenants and theright to receive that income belonged entirely to the lender unless and until debtor fully paidits debt to lender or redeems debtor's real estate after a foreclosure sale. (Bankr. E.D. Mich.)
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Commercial case opionion summary, case decided on February 21,2019, LexisNexis #0419-018
Feb
21
2019
Avidon, In re
Ruling:
Creditors' factual allegations failed to state a claim as the false pretenses, false representation,or actual fraud were mere labels and conclusions. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on February 21,2019, LexisNexis #0319-082
Feb
21
2019
Jung, In re
Ruling:
Court had jurisdiction to determine and discharge debtor's tax liability and penalties. (Bankr.W.D. Wis.)
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Consumer case opionion summary, case decided on February 21,2019, LexisNexis #0419-008
Feb
20
2019
Wilson, In re
Ruling:
Bankruptcy petition preparer violated numerous provisions by failing to sign documents andprovide notice to the debtor of his role and his fees. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on February 20,2019, LexisNexis #0319-074
Feb
20
2019
Melendez, In re
Ruling:
Court denied confirmation of debtor's plan as it proposed zero distributions to unsecuredcreditors while permitting debtor to continue making substantial post-petition retirementcontributions. (Bankr. D. Colo.)
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Consumer case opionion summary, case decided on February 20,2019, LexisNexis #0319-091
Feb
20
2019
Dille Family Trust, In re--Murphy v. Bernstein
Ruling:
Trust debtor was ineligible for bankruptcy relief as its primary purpose was to protect andpreserve the res for family beneficiaries and not for transacting business for a profit. (Bankr.W.D. Pa.)
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Commercial case opionion summary, case decided on February 20,2019, LexisNexis #0419-002