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Bankruptcy Appellate Panel

Parvizi, In re--Parvizi v. United States

Ruling
Bankruptcy court properly held that debtor was not entitled to an undue hardship discharge ofstudent loan debt. (B.A.P. 1st Cir.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on July 29, 2022 , LexisNexis #0922-062

Murray Energy Holdings Co., In re

Ruling
Bankruptcy court did not abuse its discretion in denying the motion for reconsideration as thecreditor did nothing more than rehash its prior arguments, this time with the aid of anaffidavit that it could have obtained before the hearing. (B.A.P. 6th Cir.)
Issue(s)
Appeal as of Right—How Taken; Docketing the Appeal.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on June 03, 2022 , LexisNexis #0922-050

Chuza Oil Co., In re--Montoya v. Goldstein

Ruling
Final judgment to the extent it awarded relief to defendants on the actual-fraudulent-transfercount was proper as each transfer was a preferential transfer of an interest of debtor inproperty. (B.A.P. 10th Cir.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on May 27, 2022 , LexisNexis #0722-067

Open Med. Inst., In re--Spark Factor Design, Inc. v. Hjelmeset

Ruling
Bankruptcy court did not abuse its discretion as it properly evaluated the fairness andreasonableness of compromise between trustee and debtor. (B.A.P. 9th Cir.)
Issue(s)
Use, Sale, or Lease of Property.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on May 26, 2022 , LexisNexis #0722-057

Shove, In re--Hernandez v. Shove

Ruling
Bankruptcy court properly denied the debtor husband's discharge as the husband failed tokeep and preserve adequate records and his failure was unjustified. (B.A.P. 1st Cir.)
Issue(s)
Discharge; Grounds for Denial; Failure to Keep or Preserve Books or Records.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on April 29, 2022 , LexisNexis #0722-018

Orange Cnty. Bail Bonds, Inc., In re--Legal Serv. Bureau, Inc. v. Orange Cnty. Bail Bonds, Inc.

Ruling
Court did not abuse its discretion in confirming debtor's Subchapter V plan and denyingcreditor's motion to convert or dismiss. (B.A.P. 9th Cir.)
Issue(s)
Confirmation of Plan; Rule of Construction

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on April 27, 2022 , LexisNexis #0622-099

RS Air, LLC, In re--NetJets Aviation, Inc. v. RS Air, LLC

Ruling
Bankruptcy court properly confirmed the debtor's Chapter 11 plan, denied the creditor'sobjection to the debtor's subchapter V election and upheld the eligibility decision. (B.A.P. 9thCir.)
Issue(s)
Definitions; Debtor; Persons Included

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on April 26, 2022 , LexisNexis #0722-020

Interlogic Outsourcing, Inc., In re--OneSource Virtual, Inc. v. Interlogic Outsourcing, Inc.

Ruling
Appellate review was not appropriate as defendant had not requested review of thebankruptcy court's decision to abstain but instead expressly limited the appeal to a portion ofthe court's rationale. (B.A.P. 6th Cir.)
Issue(s)
Appeals; Jurisdiction of District Court.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on April 22, 2022 , LexisNexis #0622-100

Elieff, In re--Kurtin v. Ehrenberg

Ruling
Creditor's claim for breach of a settlement agreement was subordinated as it arose from thepurchase or sale of a security. (B.A.P. 9th Cir.)
Issue(s)
Subordination; Purchase or Sale of Securities.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on March 21, 2022 , LexisNexis #0522-055

Dougherty-Kelsay, In re

Ruling
Bankruptcy court did not err in awarding debtor attorney fees as actual damages. (B.A.P. 6thCir.)
Issue(s)
Automatic Stay.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on March 21, 2022 , LexisNexis #0522-030