Jul
20
2018
Foistner, In re--Shelzi v. Foistner
Ruling:
Motion to dismiss denied in part as creditor alleged a plausible fraud claim where funds contributed to an LLC at the debtor's request were fraudulently obtained. (Bankr. D.N.H.)
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Consumer case opionion summary, case decided on July 20,2018, LexisNexis #0818-100
Jul
20
2018
Monahan, In re--Monahan v. Fore River, L.L.C.
Ruling:
Defendant's mortgage was wholly unsecured and was stripped off as the first mortgage exceeded the property's value. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on July 20,2018, LexisNexis #0818-116
Jul
20
2018
Garcia, In re
Ruling:
Court waived fees for reopening debtor's chapter 11 case to enable the debtor to obtain her discharge. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on July 20,2018, LexisNexis #0818-118
Jul
19
2018
Stroud, In re
Ruling:
Trustee was not entitled to compensation as trustee's services did not rise to the level of providing any substantial benefit to the estate or to the creditors sufficient to warrant quantum meruit award. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on July 19,2018, LexisNexis #0818-092
Jul
19
2018
Packer, In re
Ruling:
Debtors' amended motion for use of cash collateral denied as they failed to meet their burden of proof to demonstrate that the funds in the so-called "cash collateral account" constitute property of their estate or cash collateral. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on July 19,2018, LexisNexis #0818-097
Jul
19
2018
Yow, In re
Ruling:
Court approved trustee's motion seeking authority to sell only the debtor's bare economic interests in the LLCs. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on July 19,2018, LexisNexis #0818-098
Jul
19
2018
Stiletto Mfg., In re
Ruling:
Court held that there was no executory contract for the debtor to reject or assume where both the original agreement and the modified agreement were executed in the ordinary course of the debtor's business. (Bankr. E.D.N.C.)
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Commercial case opionion summary, case decided on July 19,2018, LexisNexis #0818-099
Jul
19
2018
Baessler, In re--Dave v. Baessler
Ruling:
Debt was excepted from discharge as debtor intentionally misrepresented that he was a licensed contractor and his of qualification led to faulty construction that required costly repairs. (Bankr. W.D. Tex.)
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Consumer case opionion summary, case decided on July 19,2018, LexisNexis #0818-101
Jul
19
2018
Glazing Health & Welfare Fund v. Lamek
Ruling:
Employers are not fiduciaries under ERISA as to unpaid contributions to ERISA benefit plans. (9th Cir.)
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Consumer case opionion summary, case decided on July 19,2018, LexisNexis #0818-102
Court: Judge or Jurisdiction information not available
Jul
19
2018
Doane, In re--Doane v. Wells Fargo Bank, N.A.
Ruling:
Dismissal with prejudice was warranted as debtor provided no facts to substantiate the libel and RICO claims. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on July 19,2018, LexisNexis #0818-120
Jul
19
2018
Lott, In re
Ruling:
Debtor's commissions on insurance policy that she sold before she declared bankruptcy were part of her estate as they were earned prepetition and debtor was not required to perform personal services post-petition to receive those commissions. (Bankr. D. Idaho)
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Consumer case opionion summary, case decided on July 19,2018, LexisNexis #0818-105
Jul
18
2018
Isaacs, In re--Isaacs v. DBI-ASG Coinvestor Fund, III, LLC
Ruling:
Debtor had derivative standing to pursue a strong-arm claim as § 544(a) rights are granted anew each time the debtor files for bankruptcy. (6th Cir.)
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Consumer case opionion summary, case decided on July 18,2018, LexisNexis #0818-107
Court: Judge or Jurisdiction information not available
Jul
18
2018
Mongelluzzi, In re--Welch v. Regions Bank
Ruling:
Deposit transfers that were unrelated to the payment of overdrafts were not transfers subject to avoidance. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on July 18,2018, LexisNexis #0818-108
Jul
18
2018
Syntax-Brillian Corp., In re
Ruling:
Trustee authorized to destroy or otherwise dispose of the unnecessary books and records of the debtors and the trusts. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on July 18,2018, LexisNexis #0818-109
Jul
18
2018
Fraser's Boiler Serv., In re
Ruling:
Court approved settlement agreement that involved sale of insurance policies as the funding was essential to making debtor's plan work. (Bankr. W.D. Wash.)
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Commercial case opionion summary, case decided on July 18,2018, LexisNexis #0818-096