Aug
29
2019
THG Holdings LLC, In re--True Health Diagnostics LLC v. Azar
Ruling:
Automatic stay barred withholding of post-petition Medicare reimbursements, which wereproperty of the estate and did not fall within the police power exception. (Bankr. D. Del.)
ABI Membership is required to access the full summary of THG Holdings LLC, In re--True Health Diagnostics LLC v. Azar. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on August 29,2019, LexisNexis #1019-079
Aug
28
2019
Clinton Nurseries, In re
Ruling:
Debtor that was not subject to the increased U.S. Trustee quarterly fees lacked standing tochallenge the enacting amendments, which were constitutionally uniform. (Bankr. D. Conn.)
ABI Membership is required to access the full summary of Clinton Nurseries, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on August 28,2019, LexisNexis #1019-073
Aug
28
2019
Roth, In re--Roth v. Nationstar Mortg., LLC
Ruling:
Statement sent by mortgage holder did not violate the discharge injunction as it was forinformational purposes only and included payment voucher marked as voluntary. (11th Cir.)
ABI Membership is required to access the full summary of Roth, In re--Roth v. Nationstar Mortg., LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 28,2019, LexisNexis #1019-065
Court: Judge or Jurisdiction information not available
Aug
28
2019
Cochran, In re--Azalea City Credit Union v. Cochran
Ruling:
Debt was dischargeable where there was no evidence that debtor engaged in any intentionalfraud or deceit sufficient to rise to the level of false pretenses. (Bankr. S.D. Ala.)
ABI Membership is required to access the full summary of Cochran, In re--Azalea City Credit Union v. Cochran. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 28,2019, LexisNexis #1019-084
Aug
28
2019
Ditech Holding Corp., In re
Ruling:
Confirmation of second amended plan was denied to the extent that it purported to limitconsumer creditors' ability to assert rights of recoupment against the buyers of planned saletransactions under applicable non-bankruptcy law. (Bankr. S.D.N.Y.)
ABI Membership is required to access the full summary of Ditech Holding Corp., In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on August 28,2019, LexisNexis #1019-068
Aug
27
2019
Weissmuller, In re
Ruling:
Debtor's student loan was dischargeable as debt was not made, insured, or guaranteed by thegovernment. (Bankr. M.D. Fla.)
ABI Membership is required to access the full summary of Weissmuller, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 27,2019, LexisNexis #1019-088
Aug
26
2019
Conklin, In re--Juber v. Conklin
Ruling:
Oral loan debt was dischargeable as it was neither extended as nor intended to be aneducational loan. (Bankr. W.D.N.C.)
ABI Membership is required to access the full summary of Conklin, In re--Juber v. Conklin. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 26,2019, LexisNexis #1019-089
Aug
26
2019
Isaacs, In re--DeHart v. Isaacs
Ruling:
Payments under the Adoption Assistance and Child Welfare Act of 1980 were benefitsreceived under the Social Security Act and were excludable from current monthly income,disposable income and projected disposable income calculations. (Bankr. M.D. Pa.)
ABI Membership is required to access the full summary of Isaacs, In re--DeHart v. Isaacs. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 26,2019, LexisNexis #1019-075
Aug
26
2019
Baldwin, In re
Ruling:
Creditor bank violated the automatic stay when it refused to deliver or allow delivery ofgarnished funds and proceeds to the debtor's estate. (Bankr. E.D. Ky.)
ABI Membership is required to access the full summary of Baldwin, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 26,2019, LexisNexis #1019-077
Aug
26
2019
Double Eagle Energy Servs., L.L.C. v. Markwest Utica Emg, L.L.C.
Ruling:
Related-to-bankruptcy jurisdiction that existed at the outset of the case never went away afterdismissal of the bankruptcy case. (5th Cir.)
ABI Membership is required to access the full summary of Double Eagle Energy Servs., L.L.C. v. Markwest Utica Emg, L.L.C.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on August 26,2019, LexisNexis #1019-096
Court: Judge or Jurisdiction information not available
Aug
26
2019
O.W. Bunker Holding N. Am. Inc., In re
Ruling:
Creditor was entitled to an administrative expense claim for bunker fuel delivered to debtor’svessels. (Bankr. D. Conn.)
ABI Membership is required to access the full summary of O.W. Bunker Holding N. Am. Inc., In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on August 26,2019, LexisNexis #1019-080
Aug
26
2019
Floyd, In re
Ruling:
Debtors' discharges were denied for failure to keep adequate records to ascertain theirfinancial condition and failure to schedule or disclose the accounts they established in theirspouses' names. (Bankr. W.D. Ky.)
ABI Membership is required to access the full summary of Floyd, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 26,2019, LexisNexis #1019-066
Aug
26
2019
Khalil, In re--Goldman v. Khalil
Ruling:
Court found in debtor's favor where his testimony at a post-remand trial demonstrated that hehad every intention to perform under a settlement agreement. (Bankr. C.D. Cal.)
ABI Membership is required to access the full summary of Khalil, In re--Goldman v. Khalil. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 26,2019, LexisNexis #1019-083
Aug
23
2019
Franco, In re
Ruling:
Motion for nunc pro tunc stay relief after five years of litigation denied. (Bankr. D.N.M.)
ABI Membership is required to access the full summary of Franco, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 23,2019, LexisNexis #1019-052
Court: Judge or Jurisdiction information not available
Aug
23
2019
Taco Bueno Rests., In re
Ruling:
Late-filed application for administrative expense denied as untimely and proof of claimcontaining a general request for payment of an administrative expense did not constitute anapplication. (Bankr. N.D. Tex.)
ABI Membership is required to access the full summary of Taco Bueno Rests., In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on August 23,2019, LexisNexis #1019-054