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western district of kentucky

Glenview Health Care Facility, In re

Ruling
Application to employ counsel was denied as there was a substantial risk that confidentialfactual information was obtained by counsel in its prior representation of an insider of thedebtor. (Bankr. W.D. Ky.)
Issue(s)
Powers and Duties of Committees; Selection and Authorization of Employment of

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Commercial opinion summary, case decided on December 17, 2019 , LexisNexis #0120-092

Pierce, In re--Pierce v. Skillsman's Auto Sales

Ruling
Preference period transfers were not avoidable pursuant to the de minimis exception. (Bankr.W.D. Ky.)
Issue(s)
Preferences.

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Consumer opinion summary, case decided on October 31, 2019 , LexisNexis #1219-068

Bowman, In re--Koressel v. Bowman

Ruling
Debt was nondischargeable where debtor misappropriated property and his actions weredevious and reflective of an intent to defraud creditor. (Bankr. W.D. Ky.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or

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Consumer opinion summary, case decided on October 01, 2019 , LexisNexis #1219-011

Arthur, In re--Onuma v. Arthur

Ruling
Attorneys’ fees and costs awarded in fraud judgment as the seller's success on her commonlaw fraud cause of action were nondischargeable. (Bankr. D. Md.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on September 30, 2019 , LexisNexis #1219-007

Insight Terminal Sols., LLC, In re

Ruling
Motion to dismiss Chapter 11 bankruptcy was denied where attempts by a secured creditor tolimit debtors' access to the bankruptcy process were against public policy and invalid. (Bankr.W.D. Ky.)
Issue(s)
Conversion or Dismissal.

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Commercial opinion summary, case decided on September 23, 2019 , LexisNexis #1119-045

Floyd, In re

Ruling
Debtors' discharges were denied for failure to keep adequate records to ascertain theirfinancial condition and failure to schedule or disclose the accounts they established in theirspouses' names. (Bankr. W.D. Ky.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on August 26, 2019 , LexisNexis #1019-066

Chieftain Steel, In re

Ruling
Motion to vacate default judgment granted where creditor had meritorious defenses totrustee's preference claims which were barred by the statute of limitations. (Bankr. W.D. Ky.)
Issue(s)
Limitations on Avoiding Powers; Statute of Limitations; Later Than Measurement;

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Commercial opinion summary, case decided on May 24, 2019 , LexisNexis #0819-011

Wood, In re

Ruling
Debtor's motion to convert her case was denied as she could not propose a confirmable planunder Chapter 13 based on her income and expenses. (Bankr. W.D. Ky.)
Issue(s)
Conversion; By the Debtor.

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Consumer opinion summary, case decided on May 15, 2019 , LexisNexis #0719-094

Young Elec. Contrs., In re

Ruling
Court found that involuntary petition was filed in bad faith as the petitioning creditors didnot conduct a reasonable inquiry into the relevant facts. (Bankr. D. Md.)
Issue(s)
Involuntary Cases.

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Commercial opinion summary, case decided on May 15, 2019 , LexisNexis #0719-076

Bullitt Utils., In re

Ruling
Debtor was entitled to recover damages for breach of contract and fraudulent transfers byreceiver. (Bankr. W.D. Ky.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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Commercial opinion summary, case decided on April 30, 2019 , LexisNexis #0719-038