Search Opinion

Yount, In re

Ruling: 
Bankruptcy judge's order rescheduling the trial of the adversary proceeding could not reasonably be interpreted as modifying the discharge injunction as to the negligence claim. (Bankr. E.D. Mo.)
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Consumer case opionion summary, case decided on March 24,2023, LexisNexis #0523-064

Advanced Tissue, LLC, In re

Ruling: 
Automatic stay did not prevent the Centers for Medicare & Medicaid Services from recouping a portion of the Medicare overpayments made to the debtor against frozen funds. (Bankr. E.D. Ark.)
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Commercial case opionion summary, case decided on March 16,2023, LexisNexis #0523-039

Advanced Tissue, LLC, In re

Ruling: 
Automatic stay did not prevent the Centers for Medicare & Medicaid Services from recouping a portion of the Medicare overpayments made to the debtor against frozen funds. (Bankr. E.D. Ark.)
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Commercial case opionion summary, case decided on March 16,2023, LexisNexis #0523-039

Dedrick, In re--Kelly v. McDonald

Ruling: 
Plaintiff established the elements to avoid and set aside a transfer to defendant as debtor testified she paid defendant for back rent and there was a financial trail. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on February 23,2023, LexisNexis #0423-063

Marsh, In re

Ruling: 
Proceeds from the post-confirmation sale of debtors’ residence were property of the estate.(Bankr. W.D. Mo.)
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Consumer case opionion summary, case decided on January 17,2023, LexisNexis #0323-065

Elldan Corp., In re

Ruling: 
Debtor was authorized to reject franchise agreements as the costs of the royalty fees due to thefranchise outweighed the benefits which the debtor received under the franchise agreements.(Bankr. D. Minn.)
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Commercial case opionion summary, case decided on January 11,2023, LexisNexis #0323-031

Rankin, In re--Liberty Bail Bond Agency v. Rankin

Ruling: 
The adversary proceeding was dismissed as debtor's false statements related to her overallfinancial condition and were not actionable. (Bankr. D. Minn.)
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Consumer case opionion summary, case decided on December 16,2022, LexisNexis #0223-060

Atkinson, In re

Ruling: 
Automatic stay was annulled and case dismissed as the debtor had requested and obtainedvoluntary dismissal of a prior bankruptcy case within 180 days of the petition date. (Bankr. D.Minn.)
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Consumer case opionion summary, case decided on December 15,2022, LexisNexis #0223-050

Klein, In re

Ruling: 
Creditor's motion for a preliminary injunction to enjoin the debtors from spending thebalance of a U.S. Small Business Association loan was granted as the creditor demonstratedirreparable harm. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on December 07,2022, LexisNexis #0123-086

Jones, In re

Ruling: 
Debt was excepted from discharge as defendant used his side businesses to divert incomefrom plaintiff as well as caused plaintiff unwittingly to pay expenses incurred on defendant'sown behalf or on behalf of his other businesses. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on December 07,2022, LexisNexis #0223-008

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