- 11 U.S.C.
Scherman, In re
May
24
2023
Ruling
There was no fair ground of doubt that the creditor's actions violated the discharge injunction as the creditor lacked an objectively reasonable basis to believe the debt arose post-petition. (Bankr. E.D. Ky.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.
ABI Membership is required to access the full summary of Scherman, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
HDR Farms Inc., In re--HDR Farms Inc. Liquidating Trust v. Applied Botanics LLC
Dec
28
2022
Ruling
Defendants were not entitled to sanctions against plaintiff because the record suggested atleast a bare minimum justification for the allegations in the complaint. (Bankr. E.D. Ky.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of
ABI Membership is required to access the full summary of HDR Farms Inc., In re--HDR Farms Inc. Liquidating Trust v. Applied Botanics LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Bailey, In re--Bailey v. Bailey
Dec
21
2022
Ruling
Chapter 13 debtor was entitled to summary judgment on ex-wife's claims as the record lackedsufficient evidence to establish the elements of a claim. (Bankr. E.D. Ky.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
ABI Membership is required to access the full summary of Bailey, In re--Bailey v. Bailey Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Bailey, In re--Bailey v. Bailey
Sep
26
2022
Ruling
Business debt not labeled in divorce decree as a support obligation was not excepted fromdischarge. (Bankr. E.D. Ky.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Domestic Support Obligations.
ABI Membership is required to access the full summary of Bailey, In re--Bailey v. Bailey Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
HDR Farms Inc., In re--HDR Farms Inc. Liquidating Trust v. Applied Botanics LLC
Aug
31
2022
Ruling
Debtor could seek to recover nominal and punitive damages although it failed to disclosethem in its interrogatory response as the nominal damages were assessed by the court andpunitive damages were requested in the amended complaint. (Bankr. E.D. Ky.)
Issue(s)
Failure to Make Discovery
ABI Membership is required to access the full summary of HDR Farms Inc., In re--HDR Farms Inc. Liquidating Trust v. Applied Botanics LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
HDR Farms Inc., In re--HDR Farms Inc. Liquidating Trust v. Applied Botanics LLC
Aug
30
2022
Ruling
Damages for breach of fiduciary duty denied due to lack of evidence. (Bankr. E.D. Ky.)
Issue(s)
Summary Judgment.
ABI Membership is required to access the full summary of HDR Farms Inc., In re--HDR Farms Inc. Liquidating Trust v. Applied Botanics LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Hankins, In re--Hankins v. CKK Props., LLC
May
23
2022
Ruling
Debtor could avoid a pre-petition transfer of real estate as constructively fraudulent as thetransferee gave less than reasonably equivalent value by paying a mortgage arrearage andpromising to make future mortgage payments. (Bankr. E.D. Ky.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
ABI Membership is required to access the full summary of Hankins, In re--Hankins v. CKK Props., LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Oggusa, Inc. v. Louisville Dryer Co.
Mar
31
2022
Ruling
Creditor's proof of claim was disallowed as the final progress payment under the parties'agreement was not yet due and creditor had conceded that a fair result based on commonsense precluded allowance of its claim. (Bankr. E.D. Ky.)
Issue(s)
Allowance of Claims or Interests.
ABI Membership is required to access the full summary of Oggusa, Inc. v. Louisville Dryer Co. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Cambrian Holding Co., In re--Kennedy v. Campbell
Jan
28
2022
Ruling
Liquidating trustee was entitled to summary judgment on its action to avoid a transfer made toa decedent's estate as the transfer was made within the 90 days preceding the debtor's petitiondate. (Bankr. E.D. Ky.)
Issue(s)
Preferences.
ABI Membership is required to access the full summary of Cambrian Holding Co., In re--Kennedy v. Campbell Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Bennett, In re
Dec
14
2021
Ruling
Chapter 13 debtors who previously experienced financial hardship due to COVID-19 couldmodify their plan although their financial hardship was not related to the pandemic. (Bankr.E.D. Ky.)
Issue(s)
Modification of Plan After Confirmation; Plans Confirmed Prior to COVID-19
ABI Membership is required to access the full summary of Bennett, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: