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eastern district of kentucky

Pineville Cmty. Hosp. Ass'n, In re

Ruling
Request for an administrative expense claim denied as claimant could not show that the debtfor license fees arose from a transaction with the estate. (Bankr. E.D. Ky.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed; Estate

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Commercial opinion summary, case decided on February 07, 2020 , LexisNexis #0320-060

Carr, In re

Ruling
Attorneys’ use of dual contracts for pre- and post-petition work satisfied the Bankruptcy Code.(Bankr. E.D. Ky.)
Issue(s)
Restrictions on Debtor Relief Agencies; Restricted Actions; Advice to Incur More Debt

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Consumer opinion summary, case decided on January 22, 2020 , LexisNexis #0320-012

Donnadio, In re--Santander Consumer USA Inc. v. Donnadio

Ruling
Court erred in confirming debtors' plan as it did not include a nonstandard plan provision thataddressed a creditor's lien retention. (B.A.P. 6th Cir.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on November 25, 2019 , LexisNexis #0120-023

Brown, In re

Ruling
Co-signed consumer debts may be treated differently notwithstanding an unfairdiscrimination prohibition for separately classified unsecured debts. (Bankr. E.D. Ky.)
Issue(s)
Contents of Plan; Discretionary Provisions; Designation of Classes of Unsecured

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Consumer opinion summary, case decided on November 15, 2019 , LexisNexis #1219-095

Bentley, In re

Ruling
Creditor did not violate the discharge injunction by not releasing a lien as the creditor'sconduct was not objectively coercive. (Bankr. E.D. Ky.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to

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Consumer opinion summary, case decided on October 02, 2019 , LexisNexis #1119-092

Baldwin, In re

Ruling
Creditor bank violated the automatic stay when it refused to deliver or allow delivery ofgarnished funds and proceeds to the debtor's estate. (Bankr. E.D. Ky.)
Issue(s)
Automatic Stay; Scope.

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Consumer opinion summary, case decided on August 26, 2019 , LexisNexis #1019-077

Prather, In re

Ruling
Debtor's bankruptcy case was dismissed as debtor's appeal lacks merit and debtor failed todevelop her argument regarding lack of service of the deficiency notice. (B.A.P. 6th Cir.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on August 07, 2019 , LexisNexis #1019-017

Pasley, In re--Pasley v. Keats

Ruling
Debtor lacked standing to the order for sale of real estate owned by his LLC. (B.A.P. 6th Cir.)
Issue(s)
Use, Sale, or Lease of Property.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on August 06, 2019 , LexisNexis #1019-008

Cambrian Holding Co., In re--Hazard Coal Corp. v. Am. Res. Corp.

Ruling
Motion for reconsideration seeking alteration of the order approving the sale of debtors' assetswas denied as res judicata barred further consideration of plaintiff's arguments. (Bankr. E.D.Ky.)
Issue(s)
Use, Sale, or Lease of Property.

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Commercial opinion summary, case decided on July 12, 2019 , LexisNexis #0220-033

Jones, In re

Ruling
Creditor's failure to release a judgment lien violated the discharge injunction as it causedother parties to refuse to proceed with the property sale unless debtor agreed to a reducedpurchase price. (Bankr. E.D. Ky.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to

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Consumer opinion summary, case decided on May 28, 2019 , LexisNexis #0819-009