Conner, In re
Apr
30
2019
Ruling
Dismissal was not warranted as there had been no showing of bad faith in debtor'sbankruptcy filing. (Bankr. W.D. Ky.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.
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Court
:
Lane, In re
Sep
04
2018
Ruling
Court granted debtor's motion for sanctions where creditors' actions in filing the secondadversary proceeding on issues that had been previously litigated amounted to frivolouslitigation tactics and constituted abuse of the bankruptcy process. (Bankr. W.D. Ky.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.
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Court
:
Dean v. Lane (Lane)
Aug
22
2018
Ruling
Debtor's motion to dismiss was granted as creditors' complaint seeking to revoke debtors'chapter 13 confirmation failed to state a claim for relief prior to confirmation. (Bankr. W.D.Ky.)
Issue(s)
Revocation of an Order of Confirmation; Confirmation Order Procured by Fraud.
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Court
:
Dean v. Lane (Lane)
Aug
22
2018
Ruling
Debtor's motion to dismiss was granted as creditors' complaint seeking to revoke debtors'chapter 13 confirmation failed to state a claim for relief prior to confirmation. (Bankr. W.D.Ky.)
Issue(s)
Revocation of an Order of Confirmation; Confirmation Order Procured by Fraud.
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Court
:
Carmicle, In re--Brown Jordan Int'l, Inc. v. Carmicle
Jul
24
2018
Ruling
District court’s award of punitive damages and attorneys’ fees nondischargeable as actions inviolation of the Stored Communications Act constituted larceny. (Bankr. W.D. Ky.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
:
- 11 U.S.C.
Telesford-Mapp, In re
Jul
19
2018
Ruling
Property sold prior to the petition date was not property of the estate as debtors had nointerest in the property where they failed to exercise their right of redemption during the sixmonthstatutory period. (Bankr. W.D. Ky.)
Issue(s)
Property of the Estate.
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Court
:
Clark, In re
Jul
06
2018
Ruling
Court overruled trustee's objection to debtor's amended exemption where he failed to meethis burden of proving that the amended exemption was not properly claimed as there was noevidence of bad faith by debtor or fraudulent intent. (Bankr. W.D. Ky.)
Issue(s)
Exemptions; Types of Exempt Property.
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Court
:
- 11 U.S.C.
Young, In re
Jun
12
2018
Ruling
Court granted creditor's motion in part where he had a contract to purchase the property withthe debtor but received no notice of the bankrupty prior to the bar date. (Bankr. W.D. Ky.)
Issue(s)
Allowance of Claims or Interests.
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Court
:
- 11 U.S.C.
Thornton, In re
May
18
2018
Ruling
Law firm's amended application for permission to represent debtors was denied in part wherethey violated 11 U.S.C. § 329 for failing to disclose payments they received from a companyowned by debtors' daughter. (Bankr. W.D. Ky.)
Issue(s)
Debtor’s Transactions with Attorneys.
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Court
:
- 11 U.S.C.
Parrish v. Lincoln Nat'l Bank
May
10
2018
Ruling
Debtor did not have standing to bring a preference action without first seeking an orderauthorizing the filing of the complaint. (Bankr. W.D. Ky.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers.
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Court
: