Mar
20
2020
Amborn v. Dowell
Ruling:
Unscheduled foreclosure claims were not abandoned upon closure of debtors’ cases andremained property of the estates. (Bankr. D. Or.)
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Consumer case opionion summary, case decided on March 20,2020, LexisNexis #0520-039
Mar
23
2020
Ratcliff
Ruling:
Debtor-in-possession could avoid creditor's lien due to the creditor’s failure to reperfect itssecurity interest after debtor’s name change. (Bankr. D. Minn.)
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Commercial case opionion summary, case decided on March 23,2020, LexisNexis #0520-040
Feb
24
2020
Petito, In re--Petito v. Deutsche Bank Nat'l Trust Co.
Ruling:
Debtor's avoidance complaint dismissed as debtor failed to allege a transfer that was subjectto avoidance. (Bankr. E.D. Pa.)
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Consumer case opionion summary, case decided on February 24,2020, LexisNexis #0420-042
Jan
23
2020
LSC Wind Down, LLC, In re--UMB Bank, N.A. v. Sun Capital Partners
Ruling:
Motion to dismiss denied where plaintiff identified numerous unsecured creditors who didnot know the transfer or its fraudulent nature prior to the petition date. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on January 23,2020, LexisNexis #0320-014
Jan
14
2020
Harispe, In re
Ruling:
Trustee was entitled to summary judgment on avoidance claim as she established theexistence of a prejudiced creditor at the time of debtor's transfer of real property. (Bankr. D.Md.)
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Consumer case opionion summary, case decided on January 14,2020, LexisNexis #0220-065
Jul
10
2019
Jadeco Constr. Corp., In re--Pryor v. Town of Smithtown
Ruling:
Trustee's fraudulent conveyance claim was not subject to dismissal where trustee did not seekto overturn the contract decision but sought to recover the value of labor and materials debtorsupplied to a town. (Bankr. E.D.N.Y.)
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Commercial case opionion summary, case decided on July 10,2019, LexisNexis #0919-037
Jul
15
2019
Todd, In re
Ruling:
Motion to dismiss was due to be granted where trustee failed to show that there was a waiverof the statute of limitations defense. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on July 15,2019, LexisNexis #0919-038
Jul
19
2019
New Eng. Confectionary Co., In re
Ruling:
Motion to dismiss denied where trustee had standing to assert a mere instrumentality claimunder 11 U.S.C. § 544(a)(1). (Bankr. D. Mass.)
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Commercial case opionion summary, case decided on July 19,2019, LexisNexis #0919-039
Apr
17
2019
Mercado, In re--Miranda v. Banco Popular De P.R.
Ruling:
Chapter 7 trustee's avoidance complaint was dismissed as unrecorded mortgage was not avalid transfer of property. (B.A.P. 1st Cir.)
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Consumer case opionion summary, case decided on April 17,2019, LexisNexis #0719-018
Feb
22
2019
Runnymede Capital Mgmt., In re
Ruling:
Bank's motion to dismiss trustee's complaint was denied as trustee adequately stated aplausible claim under applicable law that transfers of an interest occurred. (Bankr. W.D. Va.)
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Commercial case opionion summary, case decided on February 22,2019, LexisNexis #0419-062
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