Latest Opinions
Case Decided On
30
Sep 2024
Gonzales, In re
Ruling
Debtor's motion to avoid a judicial lien was granted, even without any evidence of the actual cost to fix the debtor's house repairs given the low fair market value of the property on the petition date. (Bankr. D.N.M.)
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Case Decided On
30
Sep 2024
Bridger Steel, Inc., In re--Samson v. LCF Grp., Inc.
Ruling
Motion to compel arbitration denied as there was no arbitration agreement between defendant and the trustee and his right to recover payments was not derivative of the debtor's rights. (Bankr. D. Mont.)
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Case Decided On
30
Sep 2024
Gillin, In re--Gleason v. Gillin
Ruling
Debt was nondischargeable where court found that defendant's conduct in damaging artwork caused a willful and malicious injury. (Bankr. N.D. Ill.)
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Case Decided On
30
Sep 2024
Eton St. Brewery, LLC, In re
Ruling
Bankruptcy case filed in attempt to sell business as a going concern without the required unanimous member approval dismissed for cause. (Bankr. E.D. Mich.)
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Case Decided On
30
Sep 2024
Deeter, In re
Ruling
Dismissal of Chapter 13 case denied absent evidence that debtor filed her bankruptcy case in bad faith. (Bankr. D. Mass.)
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Case Decided On
30
Sep 2024
McCaskey, In re
Ruling
Debtor's inability to deliver physical possession of an ATV did not constitute a material default under the Chapter 13 plan or cause to dismiss the case as it had not been shown that debtor concealed the collateral or perpetrated a fraud. (Bankr. S.D. Ala.)
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Case Decided On
30
Sep 2024
Mims, In re
Ruling
Motion to dismiss proceeding for denial of discharge denied as the complaint sufficiently alleged claims regarding debtors’ failure to keep records or disclose information. (Bankr. E.D. Wis.)
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Case Decided On
30
Sep 2024
Gabriel Custom Homes, LLC, In re
Ruling
Bankruptcy court denied creditor's motion for relief from an automatic stay of foreclose proceedings as there where factual issues as to whether the property was the debtor's domicile and whether a scheme had occurred to hinder or defraud the creditor. (Bankr. W.D.N.C.)
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Case Decided On
30
Sep 2024
Jacoub, In re
Ruling
Debt for personal injuries from debtor's unlawful operation of vehicle while intoxicated found nondischargeable based on witness testimony, technical evidence, and debtor's flight from scene. (Bankr. M.D. Fla.)
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Case Decided On
30
Sep 2024
Smith, In re
Ruling
Judicial estoppel barred creditor from litigating his liability for domestic violence against debtor as his current position was clearly inconsistent with prior positions in other non-bankruptcy forums. (Bankr. D. Minn.)
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Case Decided On
27
Sep 2024
James Pine & Son Trucking LLC, In re
Ruling
Debtor offered no argument why the valuation standards under § 506 were not appropriate in a Subchapter V case. (Bankr. D.N.J.)
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Case Decided On
27
Sep 2024
Success Vill. Apts., Inc., In re-- City of Bridgeport v. Success Vill. Apts., Inc.
Ruling
Bankruptcy petition was filed in bad faith as debtor had little or no cash flow and could not meet its expenses. (Bankr. D. Conn.)
Court
Judge or Jurisdiction information not available
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Case Decided On
27
Sep 2024
Parrish, In re--Parrish v. BSFR Prop. Mgmt., LLC
Ruling
Any claim for post-petition rent was treated as a pre-petition claim and was discharged as it was undisputed that the Chapter 7 trustee did not assume the debtor's unexpired residential lease. (Bankr. N.D. Ala.)
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Case Decided On
27
Sep 2024
In re Maritas, International Unions, Sec., Police and Fire Pros. of Am. v. Maritas
Ruling
Creditors were entitled to relief from the automatic stay to proceed with litigation that would consolidate the resolution of all claims and parties in their respective forums. (Bankr. W.D. Pa.)
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Case Decided On
27
Sep 2024
Turkey Leg Hut & Co. LLC, In re
Ruling
Subchapter V case ordered converted to Chapter 7 due to inadequate insurance , failure to timely file accurate financial statements, and failure to follow court orders. (Bankr. S.D. Tex.)
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