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    In re Webb
    2016-09-14

    (Bankr. W.D. Ky. Sep. 12, 2016)

    The bankruptcy court grants the motion to terminate the automatic stay. The creditor and the debtor entered into a sale contract prepetition for sale of the debtor’s real property. The debtor argued that the sale contract terminated prepetition, and the creditor argued that it should be permitted to pursue its claims on the contract in state court. The court finds that the debtor has no equity in the property and that it is not necessary to an effective reorganization. Thus, stay relief is appropriate. Opinion below.

    Judge: Lloyd

    Filed under:
    USA, Kentucky, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    In re Jackson
    2016-08-08

    (6th Cir. B.A.P. Aug. 4, 2016)

    Filed under:
    USA, Kentucky, Company & Commercial, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Harper v. Conco ESOP Trustees
    2016-07-08

    (W.D. Ky. July 7, 2016)

    Filed under:
    USA, Kentucky, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Bankruptcy, Debtor, Injunction, Employee stock ownership plan, Limited liability company, Limited liability partnership, Trustee, United States bankruptcy court
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Unperfected security interest in an auto is avoidable
    2010-07-12

    On July 2nd, the Sixth Circuit affirmed a bankruptcy court's finding that, under Kentucky law, a bank did not perfect its security interest in an auto loan until that security interest was noted on the title. Because perfection did not occur within 20 days after the debtor received possession of the auto, Section 547(c)(3) of the Bankruptcy Code did not protect the bank's loan from avoidance as a preferential transfer. Branch Banking and Trust Co. v. Brock.

    Filed under:
    USA, Kentucky, Banking, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Debtor, Sixth Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Court of Appeals upholds avoidance of preferential tranfer based upon Kentucky Supreme Court's explanation of Kentucky law
    2010-10-25

    The United States Court of Appeals for the Sixth Circuit Court recently affirmed a Bankruptcy Appellate Panel that held that a bank which loaned an individual the funds to buy a motor vehicle could not overcome the avoidance of its lien as a preferential transfer after the person filed for bankruptcy. The Court so found because the lien at issue was not perfected under Kentucky law within the time frame necessary to be considered an exception to the avoidance of preferential transfers under the Bankruptcy Code.

    Filed under:
    USA, Kentucky, Banking, Insolvency & Restructuring, Litigation, Frost Brown Todd LLP, Bankruptcy, Federal Reporter, Title 11 of the US Code, Trustee, Supreme Court of the United States, United States bankruptcy court, Kentucky Supreme Court, Sixth Circuit, Bankruptcy Appellate Panel
    Authors:
    Michael E. Nitardy
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    Kentucky Supreme Court clarifies question on timing of perfection of motor vehicle liens
    2010-12-27

    The Supreme Court of Kentucky recently held that under Kentucky law, a security interest in a motor vehicle is not deemed perfected unless and until physical notation of the security interest is made on the certificate of title, pursuant to KRS 186A.190.

    Filed under:
    USA, Kentucky, Insolvency & Restructuring, Litigation, Frost Brown Todd LLP, Bankruptcy, Debtor, US Code, Kentucky Supreme Court
    Authors:
    Ali Razzaghi
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    Prepetition lis pendens notice sufficient to prevent debtors-in-possession from avoiding equitable lien under exercise of strong-arm powers
    2011-04-20

    The United States Bankruptcy Court for the Western District of Kentucky recently found that a vendor’s filing of a prepetition notice of lis pendens served to place any hypothetical judicial lien creditor, execution creditor, or purchaser of real property on notice of its equitable lien against the property for the unpaid portion of the purchase price. This prepetition notice of lis pendens prevented the debtors-in-possession from avoiding the vendor’s lien in exercise of their strong-arm powers under 11 U.S.C. § 544.

    Filed under:
    USA, Kentucky, Banking, Insolvency & Restructuring, Litigation, Real Estate, Frost Brown Todd LLP, Bankruptcy, Debtor, Unsecured debt, Limited liability company, Consideration, Default (finance), Capital punishment, US Department of Agriculture, US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    In Kentucky, identity of borrower can be supplied in an amendment to the mortgage
    2011-07-04

    Debtors filed a voluntary petition for relief under Chapter 7.  The Debtors own and have title to real property ("Property").  Prior to the Petition Date, the husband borrowed $85,000 from Lender. This loan was reflected by a promissory note signed only by the husband, as "Borrower."  The term "Note" is defined in the Mortgage as the promissory note signed by Borrower.  On the same date, a mortgage granting Lender a mortgage on the Property was executed.

    Filed under:
    USA, Kentucky, Banking, Insolvency & Restructuring, Litigation, Real Estate, Frost Brown Todd LLP, Bankruptcy, Debtor, Interest, Consideration, Mortgage loan, Trustee, United States bankruptcy court
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    Kentucky law: fraudulent transfers
    2015-04-02

    KRS Summary on Fraudulent Transfers

    A fraudulent transfer (fraudulent conveyance) is an attempt to avoid debt by transferring money to another person or company. It is often an issue in debtor/creditor relations, particularly in bankruptcy when referring to insolvent debtors.

    Filed under:
    USA, Kentucky, Insolvency & Restructuring, Litigation, DelCotto Law Group PLLC, Debtor, Fraud, Conveyancing
    Authors:
    Jamie L. Harris
    Location:
    USA
    Firm:
    DelCotto Law Group PLLC
    Environmental liability: relief through bankruptcy or not?
    2015-03-03

    In re Appalachian Fuel, LLC, 521 B.R. 779 (Bankr. E.D. Ky. 2014) –

    Filed under:
    USA, Kentucky, Environment & Climate Change, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, Debtor, United States bankruptcy court
    Location:
    USA
    Firm:
    Troutman Pepper

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