Oct
02
2018
Pioneer Health Servs., In re
Ruling:
Objection to confirmation overruled as the objector failed to adequately show that the plan failed to satisfy any part of 11 U.S.C. § 1129(a). (Bankr. S.D. Miss.)
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Commercial case opionion summary, case decided on October 02,2018, LexisNexis #1118-083
Oct
02
2018
Kimball Hill, Inc., In re
Ruling:
Court ordered creditor to dismiss its claims against debtors in third-party complaint as it violated the terms of the release and the plan injunction. (Bankr. N.D. Ill.)
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Commercial case opionion summary, case decided on October 02,2018, LexisNexis #1118-085
Oct
02
2018
Naturescape Holding Grp., Int'l, Inc., In re--GemCap Lending I, LLC v. Bateman
Ruling:
Money judgment and attorneys' fees deemed nondischargeable due to debtor's participation in the diversion of creditor's cash collateral. (Bankr. D. Haw.)
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Commercial case opionion summary, case decided on October 02,2018, LexisNexis #1118-071
Oct
01
2018
Vertullo, In re
Ruling:
Debtor may still attempt to cure her mortgage as the creditor had not completed theforeclosure sale by recording the foreclosure deed. (Bankr. D.N.H.)
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Consumer case opionion summary, case decided on October 01,2018, LexisNexis #1118-024
Oct
01
2018
Daniels, In re
Ruling:
Trustee's objections to debtors' chapter 13 plan confirmation were overruled where debtorshad not engaged in any bad faith conduct. (Bankr. E.D. Va.)
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Consumer case opionion summary, case decided on October 01,2018, LexisNexis #1118-025
Oct
01
2018
Todd, In re
Ruling:
Debtors' motion to strip off unsecured mortgage was denied as it was a nonjudicialconsensual lien and could not be avoided. (Bankr. S.D. Ala.)
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Consumer case opionion summary, case decided on October 01,2018, LexisNexis #1118-011
Oct
01
2018
Kearney, In re
Ruling:
Emergency motion to stay pending appeal was denied as court found that debtor is not likelyto succeed on the merits of the appeal and a stay pending appeal would substantially harmdebtor's creditors and cause further expense and delay. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on October 01,2018, LexisNexis #1118-028
Oct
01
2018
Rollaguard Sec., LLC, In re-Furr v. TD Bank, N.A.
Ruling:
Trustee's motion to file amended complaints was denied as court concluded that it would befutile because regular deposits into debtors' own unrestricted bank accounts were nottransfers. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on October 01,2018, LexisNexis #1118-001
Oct
01
2018
Brookstone Holdings Corp., In re
Ruling:
LLC was not a professional for the purposes of bankruptcy code § 327(a) as it was not actingas an auctioneer nor an "other professional" when it provided services to the debtor pursuantto their agreement. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on October 01,2018, LexisNexis #1118-005
Sep
30
2018
Carvalho, In re
Ruling:
Court granted debtor's motion for sanctions as to creditor's attorney for advancing frivolousarguments already rejected by the court. (Bankr. D.D.C.)
Court: Judge or Jurisdiction information not available
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Consumer case opionion summary, case decided on September 30,2018, LexisNexis #1118-029
Sep
29
2018
Dean, In re--Lester v. Dean
Ruling:
Plaintiffs failed to prove the claims were nondischargeable where they were unable toproduce credible evidence showing that debtor's actions were inappropriate and theysuffered any damages as a result of any inappropriate actions. (Bankr. N.D. Tex.)
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Consumer case opionion summary, case decided on September 29,2018, LexisNexis #1118-018
Sep
28
2018
Huenerberg, In re
Ruling:
Debtors' objection to a claim of the IRS was sustained as the payment was not an excise taxfor a transaction. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-009
Sep
28
2018
Melnik, In re--Reddy v. Melnik
Ruling:
Debt was dischargeable as the plaintiffs failed to prove the requisite elements of materiality, reliance, and fraudulent intent. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-042
Sep
28
2018
Holmes, In re--Indiana v. Holmes
Ruling:
Non-penalty portion of debt was not excepted from discharge as evidence showed that the debtor did not know of her sister-in-law's misrepresentations to the Indiana Department of Workforce Development. (Bankr. S.D. Ind.)
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Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-044
Sep
28
2018
Wong, In re--Tong v. Wong
Ruling:
Debtor was not entitled to recover her fees incurred in defending nondischargeability actionas it was collateral to a contract rather than 'on a contract.' (Bnkr. N.D. Cal.)
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Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-014