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western district of kentucky

Duvall, In re

Ruling
Counsel for Chapter 12 debtors granted interim compensation and reimbursements. (Bankr. W.D. Ky.)
Issue(s)
Compensation of Officers.

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Court :
Consumer opinion summary, case decided on June 10, 2020 , LexisNexis #0720-076

Germanis, In re

Ruling
Post-confirmation amendment to proof of claim allowed as it did not assert a new cause ofaction or right to payment that did not already exist under the original proof of claim. (Bankr.W.D. Ky.)
Issue(s)
Allowance of Claims or Interests.

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Consumer opinion summary, case decided on June 05, 2020 , LexisNexis #0720-056

Hartshorne Holdings, LLC, In re--Hartshorne Mining, LLC v. Carranza

Ruling
Preliminary injunction against the SBA denied as debtors would not suffer irreparable harm without access to Paycheck Protection Program funds, which were not available at the outset of their case. (Bankr. W.D. Ky.)
Issue(s)
Use, Sale, or Lease of Property.

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Court :
Commercial opinion summary, case decided on June 01, 2020 , LexisNexis #0820-034

Bullitt Utils., Inc., In re--Keats v. Cogan

Ruling
Prevailing party's requested costs related to depositions and filing fees were recoverable asthey were authorized and the depositions were reasonably necessary. (Bankr. W.D. Ky.)
Issue(s)
Judgments; Costs.

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Commercial opinion summary, case decided on April 16, 2020 , LexisNexis #0620-049

Hrustanovic, In re

Ruling
No willful violation of discharge injunction where creditor presented debtor with severaloptions to release the lien on his vehicle. (Bankr. W.D. Ky.)
Issue(s)
Discharge; Full-Compliance Discharge.

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Consumer opinion summary, case decided on March 02, 2020 , LexisNexis #0420-049

Lane, In re--Lane v. Dean

Ruling
Equitable subordination of creditors' claim was appropriate where creditor continued topursue abusive litigation tactics all while refusing payment. (Bankr. W.D. Ky.)
Issue(s)
Subordination; Equitable Subordination.

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Consumer opinion summary, case decided on February 27, 2020 , LexisNexis #0420-036

Shy, In re

Ruling
Order avoiding judicial lien set aside where creditor had been given no notice whatsoever thatdebtor had filed a motion to reopen the case for the purpose of avoiding the lien. (Bankr. W.D.Ky.)
Issue(s)
Exemptions.

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Consumer opinion summary, case decided on February 19, 2020 , LexisNexis #0420-011

Smith, In re

Ruling
Debt excepted from discharge where creditor detrimentally relied on debtor's falserepresentations and sustained damages as a direct result. (Bankr. W.D. Ky.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on February 12, 2020 , LexisNexis #0320-066

Bullitt Utils., Inc., In re--Keats v. Cogan

Ruling
Summary judgment on breach of fiduciary duty claim was granted in favor of creditors asthere had been no credible evidence to establish that they benefitted financially from thedebtor's failure. (Bankr. W.D. Ky.)
Issue(s)
Definitions; “Insider”; Corporation.

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Commercial opinion summary, case decided on January 24, 2020 , LexisNexis #0320-026

Harispe, In re

Ruling
Trustee was entitled to summary judgment on avoidance claim as she established theexistence of a prejudiced creditor at the time of debtor's transfer of real property. (Bankr. D.Md.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Extent of

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Consumer opinion summary, case decided on January 14, 2020 , LexisNexis #0220-065