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Perkins, In re

Ruling
Court noted that an award of fees, costs, or charges was dictated by the terms of the loanagreement, while award of interest was not. (Bankr. W.D. Ky.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.

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Consumer opinion summary, case decided on February 01, 2017 , LexisNexis #0317-008

In re Perkins

Ruling
Plan confirmed where debtor met the family farmer requirement and his amended chapter 12plan was feasible. (Bankr. W.D. Ky.)
Issue(s)
Definitions; “Family Farmer”; Individual.

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Consumer opinion summary, case decided on December 22, 2016 , LexisNexis #0117-091

In re Parrish

Ruling
Inadvertent stay violation did not eliminate creditor’s right to setoff. (Bankr. W.D. Ky.)
Issue(s)
Setoff.

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Consumer opinion summary, case decided on November 16, 2016 , LexisNexis #1216-050

In re Lockhart

Ruling
Confirmation denied due to debtor’s inability to pay maintenance payments and arrearageowed to former spouse. (Bankr. W.D. Ky.)
Issue(s)
Confirmation of Plan.

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Consumer opinion summary, case decided on October 28, 2016 , LexisNexis #1116-133

In re Bullitt Utils., Inc.

Ruling
Debtor’s claim for surcharge against state commission was property of the estate and could bepursued by trustee. (Bankr. W.D. Ky.)
Issue(s)
Was debtor’s right to receive a rate surcharge property of the estate?

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Commercial opinion summary, case decided on September 01, 2016 , LexisNexis #0916-123

In re Bullitt Utils., Inc.

Ruling
Trustee could employ special counsel that had previously represented unsecured creditors.(Bankr. W.D. Ky.)
Issue(s)
Could trustee employ special counsel that had represented unsecured creditors in the past?

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Commercial opinion summary, case decided on July 21, 2016 , LexisNexis #1016-038

In re Rowe

Ruling
Reconsideration of order for discharge entered after debtor reopened case granted.
Issue(s)
Should debtor's discharge, entered after debtor reopened the case following a default dismissal, and after debtor filed a financial management certificate, be set aside on reconsideration?

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Consumer opinion summary, case decided on April 26, 2016 , LexisNexis #0516-093

In re Williams

Ruling
Debtors who were no longer actively farming were allowed to liquidate their family farming operation under chapter 12.
Issue(s)
Should case be dismissed on the grounds that the debtors are not eligible under chapter 12?

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Consumer opinion summary, case decided on April 22, 2016 , LexisNexis #0516-096

In re Gay

Ruling
Creditor's motion for examination of bank and production of documents relating to debtor's non-party business granted.
Issue(s)
Should creditor's motion for examination of bank and for production of documents relating to debtor and debtor's non-debtor business be granted?

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Consumer opinion summary, case decided on April 22, 2016 , LexisNexis #0516-100

Irvin v. Faller (In re Faller)

Ruling
Judgment debt was nondischargeable on basis of abuse of process.
Issue(s)
Did collateral estoppel apply to make judgments for defamation and abuse of process nondischargeable debts?

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Consumer opinion summary, case decided on March 18, 2016 , LexisNexis #0416-052