- 11 U.S.C.
Cambrian Holding Co. v. Alliance Prime Assocs.
May
04
2021
Ruling
Facts alleged in the complaint were accepted as true and allowed a reasonable inference thatdefendants were plausibly liable under the litigating trustee's state and federal fraudulenttransfer claims. (Bankr. E.D. Ky.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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Court
:
- 28 U.S.C.
Oggusa, Inc. v. Southern Tier Hemp, LLC
Mar
16
2021
Ruling
Debtors' state law claims in adversary proceeding were non-core as the claims allowanceprocess was not implicated, nor did they arise in a title 11 or under a title 11 proceeding.(Bankr. E.D. Ky.)
Issue(s)
Procedures.
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Court
:
- 11 U.S.C.
Tedesco, In re
Nov
20
2020
Ruling
Debtors were entitled to confirm their "cure and maintain" plan because the existence of theautomatic stay is not a pre-requisite to confirmation of a Chapter 13 plan. (Bankr. E.D. Ky.)
Issue(s)
Confirmation of Plan.
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Court
:
Cook & Sons Mining, Inc., In re
Oct
19
2020
Ruling
Special counsel was not entitled to a contingent fee on a contract-based reimbursement ofunearned premiums for insurance coverage as his work had nothing to do with a contractbased recovery. (Bankr. E.D. Ky.)
Issue(s)
Employment of Professional Persons; Attorney Employed for Special Purpose.
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Court
:
Barksdale, In re
Aug
28
2020
Ruling
Court denied motion to reopen case to avoid tax lien wherein reopening the case would befutile and § 522(f) did not permit the avoidance of statutory liens. (B.A.P. 6th Cir.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.
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Court
:
Judge or Jurisdiction information not available
Pramod Patel, In re--Ankit Shah v. Pramod Patel
Jul
23
2020
Ruling
Judgment was entered in favor of debtor with respect to construction contractor's claim as thecontractor failed to meet his burden of proof. (Bankr. E.D. Ky.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
:
- 11 U.S.C.
Gencanna Global USA, Inc., In re
Jul
02
2020
Ruling
Attempt by shareholders to change governance of the debtors violated the automatic stay. (Bankr. E.D. Ky.)
Issue(s)
Automatic Stay; Scope.
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Court
:
( Judge Schaaf ) [ Bankruptcy Court ]
Bagsby, In re--Johnston v. Hilderbrand
Apr
27
2020
Ruling
Bankruptcy court properly sanctioned attorney who admitted to filing skeletal petitions onbehalf of a deceased person. (B.A.P. 6th Cir.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of
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Court
:
Judge or Jurisdiction information not available
Taulbee, In re
Apr
02
2020
Ruling
Court imposed sanctions against debtor’s counsel due to multiple material substantive andprocedural errors and multiple intentional representations.(Bankr. E.D. Ky.)
Issue(s)
Restrictions on Debtor Relief Agencies; Restricted Actions.
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Court
:
Nagel, In re--Nagel v. Ky. Tax Bill Servicing, Inc.
Feb
21
2020
Ruling
There is no private right of action for an alleged false proof of claim. (Bankr. E.D. Ky.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.
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Court
: