Sep
17
2020
Cogswell, In re
Ruling:
Court denied creditor stay relief to recover possession to all but one of the 26 items due tofailure to rebut state law presumption that they were property of the estate. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on September 17,2020, LexisNexis #1020-087
Sep
17
2020
Portunato, In re--Harrington v. Portunato
Ruling:
Discharge denied due to totality of circumstances surrounding debtor’s post-petitiontransfer of property and concealment of sale proceeds. (Bankr. D.R.I.)
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Consumer case opionion summary, case decided on September 17,2020, LexisNexis #1020-091
Court: Judge or Jurisdiction information not available
Sep
16
2020
TriVascular Sales LLC, In re
Ruling:
Court approved and confirmed the plan because it was proposed in good faith and alltransactions contemplated by the plan were negotiated and consummated at arms' length,without collusion. (Bankr. N.D. Tex.)
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Commercial case opionion summary, case decided on September 16,2020, LexisNexis #1020-095
Sep
16
2020
Olson, In re
Ruling:
Debtors were entitled to confirmation of their plan of reorganization because debtors metthe voting requirements and the plan met the best interests of the creditors' test. (Bankr. D.Utah)
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Consumer case opionion summary, case decided on September 16,2020, LexisNexis #1020-096
Sep
16
2020
Milani, In re
Ruling:
Debtor was not entitled to summary judgment in proceeding for violation of the dischargeinjunction given issues of fact regarding creditor’s intention in bringing state court action.(Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on September 16,2020, LexisNexis #1020-086
Sep
16
2020
Racing Servs., In re--North Dakota ex rel. Stenehjem v. Bala
Ruling:
Bankruptcy court erred in ruling that claim assigned to the state was barred by laches aslaches did not apply to tardily-filed claims that were filed in time to permit distribution.(B.A.P. 8th Cir.)
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Commercial case opionion summary, case decided on September 16,2020, LexisNexis #1020-090
Sep
16
2020
Gardens Reg'l Hosp. & Med. Ctr., Inc., In re--Gardens Reg'l Hosp. & Med. Ctr. Liquidating Trust v. California
Ruling:
State’s equitable recoupment of quality assurance assessments from supplementalpayments owed to debtor hospital did not violate the automatic stay. (9th Cir.)
Court: 9th Circuit ( ) [ Bankruptcy Appellate Panel Ninth Circuit ]
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Commercial case opionion summary, case decided on September 16,2020, LexisNexis #1020-075
Sep
16
2020
Royal Alice Props, In re
Ruling:
Court declined to bifurcate or limit powers and duties of Chapter 11 trustee to operate thedebtor's business. (Bankr. E.D. La.)
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Commercial case opionion summary, case decided on September 16,2020, LexisNexis #1020-092
Sep
16
2020
Patel, In re
Ruling:
Motion in limine preventing the debtor from presenting evidence in proceeding forviolation of the automatic stay denied. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on September 16,2020, LexisNexis #1020-076
Sep
16
2020
Goodrich Quality Theaters, Inc., In re
Ruling:
Cause existed to dismiss or convert Chapter 11 case following sale of substantially all assetsand distribution of proceeds. (Bankr. W.D. Mich.)
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Commercial case opionion summary, case decided on September 16,2020, LexisNexis #1020-093
Sep
15
2020
Winters, In re
Ruling:
Debtor's motion to dismiss involuntary petition was denied as debtor failed to attend thehearing or present credible evidence clarifying ambiguities and inconsistencies in theevidence. (Bankr. W.D. Mo.)
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Consumer case opionion summary, case decided on September 15,2020, LexisNexis #1020-097
Sep
15
2020
Woody, In re--Woody v. Cooper
Ruling:
Adversary proceeding can continue, but debtor will have to fulfill the clear and convincingevidence standard to prevail on his contempt claims. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on September 15,2020, LexisNexis #1020-099
Sep
15
2020
Hays, In re--Spears v. Hays
Ruling:
Tenant was entitled to attorney fees, which were nondischargeable, due to debtor landlord'sdeceptions and unfair acts to obtain money she was not entitled to. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on September 15,2020, LexisNexis #1020-083
Sep
14
2020
Wissel, In re--Wissel v. Deutsche Bank Nat’l Trust Co.
Ruling:
BAPCPA definitions of "debtor's principal residence" and "incidental property” expandedthe reach of Chapter 11 anti-modification provision to prevent cramdown of mortgage onprimary residence also used for business. (Bankr. D.N.J.)
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Consumer case opionion summary, case decided on September 14,2020, LexisNexis #1020-094
Court: Judge or Jurisdiction information not available
Sep
14
2020
Murphy, In re--Murphy v. World Acceptance Corp. of Okla.
Ruling:
Lender's motion to dismiss debtors’ claim objection granted in part as lenders were properlylicensed but otherwise denied to the extent debtors’ pleadings stated a claim. (Bankr. W.D.Okla.)
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Consumer case opionion summary, case decided on September 14,2020, LexisNexis #1020-098