Sep
23
2020
Venoco LLC, In re--Davis v. California
Ruling:
Bankruptcy Court in rem jurisdiction extended to ability to enforce rights in debtor's propertyand facilitate fair distribution to creditors. (3d Cir.)
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Commercial case opionion summary, case decided on September 23,2020, LexisNexis #0721-026
Court: Judge or Jurisdiction information not available
May
24
2021
Breland, In re
Ruling:
Debtor's motion for stay pending resolution of a constitutional issue on appeal was denieddue to lack of likelihood of success and failure to demonstrate irrevocable harm would result.(Bankr. S.D. Ala.)
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Consumer case opionion summary, case decided on May 24,2021, LexisNexis #0721-027
May
13
2021
Ward, In re
Ruling:
Civil penalty and injunction were appropriate and retainer agreements between firm anddebtors had to be voided and all fees returned as the agreements gave debtors false impressionthat a properly licensed attorney would represent them in their cases. (Bankr. D.S.C.)
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Consumer case opionion summary, case decided on May 13,2021, LexisNexis #0621-076
Court: Judge or Jurisdiction information not available
Apr
30
2021
Nelson Ricks Cheese Co., In re
Ruling:
Sanctions were awarded against husband due to forging wife's signature and transferring100% of the shares in the debtor company, which was a willful and intentional act on his part.(Bankr. D. Idaho)
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Commercial case opionion summary, case decided on April 30,2021, LexisNexis #0621-051
Apr
29
2021
Crawford, In re
Ruling:
Debtor's entry into the settlement mooted any compensatory purposes of sanctions andsettlement provided ample redress for any harm she suffered during the case. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on April 29,2021, LexisNexis #0621-052
Feb
08
2021
Fin. Oversight & Mgmt. Bd. for Puerto Rico, In re
Ruling:
Court dismissed creditor's claim against Puerto Rico Sales Tax Financing Corporation becausethe relief sought by group of objectors was inequitable and impractical. (1st Cir.)
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Commercial case opionion summary, case decided on February 08,2021, LexisNexis #0321-051
Court: Judge or Jurisdiction information not available
Nov
12
2020
Soussis, In re
Ruling:
Request for reduction or disgorgement of the entire fee of the Chapter 13 trustee denied as thecourt had no authority to fix the fees and could not use the equitable powers under U.S.C. §105. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on November 12,2020, LexisNexis #1220-076
Aug
25
2020
Thomas, In re--Thomas v. Tenn. DOT
Ruling:
Debtor attorney sanctioned and prohibited from filing or presenting arguments in own casedue to conduct that repeatedly violated the Tennessee Supreme Court's Rules of ProfessionalConduct. (Bankr. W.D. Tenn.)
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Consumer case opionion summary, case decided on August 25,2020, LexisNexis #1120-001
Sep
08
2020
Leary, In re--Leary v. Great Lakes Educ. Loan Servs.
Ruling:
Student loan servicer were warranted under 11 U.S.C. § 105 due to indifference to theproceeding which seriously prejudiced the debtor. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on September 08,2020, LexisNexis #1020-050
Jul
31
2020
JNL Funding Corp., In re
Ruling:
Motion to disgorge was granted as filing the reports and paying the US trustee fees were partof distribution trustee's obligations. (Bankr. E.D.N.Y.)
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Commercial case opionion summary, case decided on July 31,2020, LexisNexis #0920-026
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