Skip to main content

Page Banner(Taxonomy)

judge schaaf

Oaks v. Miller (In re Miller)

Ruling
Judgment debt was nondischargeable due to intentional false representation. (Bankr. E.D. Ky.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

ABI Membership is required to access the full summary of Oaks v. Miller (In re Miller) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 06, 2016 , LexisNexis #0117-014

In re White

Ruling
Health insurance proceeds not property assigned to air ambulance service prior to petitiondate were property of the estate. (Bankr. E.D. Ky.)
Issue(s)
Property of the Estate.

ABI Membership is required to access the full summary of In re White Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 11, 2016 , LexisNexis #1216-046

Crocker v. McWhorter (In re McWhorter)

Ruling
Discharge denied due to nondisclosures and omissions in schedules. (Bankr. E.D. Ky.)
Issue(s)
Should debtor’s discharge be denied based on one or more of the following grounds

ABI Membership is required to access the full summary of Crocker v. McWhorter (In re McWhorter) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 14, 2016 , LexisNexis #1016-028

Central Bank & Trust Co. v. Mustafa (In re Mustafa)

Ruling
Confirmation denied due to debtor’s bad faith with regard to auto loan. (Bankr. E.D. Ky.)
Issue(s)
Was debtor’s chapter 13 plan confirmable?

ABI Membership is required to access the full summary of Central Bank & Trust Co. v. Mustafa (In re Mustafa) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 14, 2016 , LexisNexis #1016-033

Halpin v. Hardy (In re Hardy)

Ruling
Miscommunication regarding high definition capabilities of television did not result in nondischargeable debt.
Issue(s)
Did debtor’s misrepresentations to purchaser regarding high definition capabilities of television result in a nondischargeable debt?

ABI Membership is required to access the full summary of Halpin v. Hardy (In re Hardy) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 08, 2016 , LexisNexis #0816-011

In re Jude

Ruling
Plan ordered amended in accordance with findings regarding value of mobile home or otherwise dismissed.
Issue(s)
Should confirmation be denied due to improper valuation of debtor’s mobile home?

ABI Membership is required to access the full summary of In re Jude Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 24, 2016 , LexisNexis #0716-068

In re Snowden

Ruling
Debtor could modify mortgage that was secured by multiple parcels of property and not solely secured by property that was debtor's primary residence.
Issue(s)
Could debt secured by multiple parcels of property, including a parcel on which debtor's primary residence was located, be modified?

ABI Membership is required to access the full summary of In re Snowden Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 12, 2016 , LexisNexis #0316-029

In re Nierzwicki Holdings LLC

Ruling
Relief from stay to pursue action enjoining operation of debtor's nightclub as a noise nuisance denied.
Issue(s)
Did the automatic stay apply to a lawsuit to enjoin the debtors' operation of a nightclub as an alleged noise nuisance and if it did should relief from stay be granted?

ABI Membership is required to access the full summary of In re Nierzwicki Holdings LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on December 30, 2015 , LexisNexis #0116-111

In re Travers

Ruling
Wholly unsecured junior lien could be avoided as Sixth Circuit precedent was not affected by the U.S. Supreme Court's decision in Caulkett.
Issue(s)
Could wholly unsecured junior lien be avoided in light of the U.S. Supreme Court's decision in Caulkett?

ABI Membership is required to access the full summary of In re Travers Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 16, 2015 , LexisNexis #1215-046

In re Ariana Energy LLC

Ruling
Creditor's subrogation claim disallowed absent proof of status as guarantor of debtor's performance under transportation agreement.
Issue(s)
Was creditor entitled to a subrogation claim as an alleged guarantor of debtor's transportation agreement?

ABI Membership is required to access the full summary of In re Ariana Energy LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on October 30, 2015 , LexisNexis #1115-115