Dec
11
2020
Jaynes, In re
Ruling:
State taxing authority not subject to sanctions for seeking to collect nondischargeablerestitution debt or penalty that it reasonably thought it could collect under the discharge order.(Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on December 11,2020, LexisNexis #0121-086
Nov
12
2020
Payack, In re
Ruling:
Debtor was entitled to an order finding County liable for an automatic stay violation in theform of a real property tax delinquency notice as it constituted a post-petition demand forpayment of a pre-petition debt. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on November 12,2020, LexisNexis #1220-083
Mar
10
2020
T Street LLC v. v. Jaques (In re Jaques)
Ruling:
Bankruptcy court's finding that bank did not reasonably rely on debtor's financial statementwas clearly erroneous and debtor was not entitled to be discharged from his debt. (5th Cir.)
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Consumer case opionion summary, case decided on March 10,2020, LexisNexis #0420-086
Feb
04
2020
Bennett, In re
Ruling:
Separate classification of student loan claims and adoption of a permissible standard for fairdiscrimination in favor of student loan claims was unfairly discriminatory and prohibited.(Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on February 04,2020, LexisNexis #0320-045
Sep
28
2018
Melnik, In re--Reddy v. Melnik
Ruling:
Debt was dischargeable as the plaintiffs failed to prove the requisite elements of materiality, reliance, and fraudulent intent. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-042
Jul
26
2018
Morse, In re--Estate of Rossi v. Morse
Ruling:
Debt excepted from discharge as debtor willfully and maliciously converted trust funds toher own use. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on July 26,2018, LexisNexis #0918-010
Jul
19
2018
Baessler, In re--Dave v. Baessler
Ruling:
Debt was excepted from discharge as debtor intentionally misrepresented that he was a licensed contractor and his of qualification led to faulty construction that required costly repairs. (Bankr. W.D. Tex.)
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Consumer case opionion summary, case decided on July 19,2018, LexisNexis #0818-101
May
03
2018
IO at Tech Ridge LP, In re--IO at Tech Ridge LP v. Hartford Fire Ins. Co.
Ruling:
Permissive abstention was appropriate as litigation could be timely completed in state court.(Bankr. W.D. Tex.)
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Commercial case opionion summary, case decided on May 03,2018, LexisNexis #0618-026
Apr
18
2018
Trinity River Res., LP, In re
Ruling:
Trustee could not hold funds in reserve pending a ruling in adversary as there would be no prompt cure as required by 11 U.S.C.S. § 365(b)(1). (Bankr. W.D. Tex.)
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Commercial case opionion summary, case decided on April 18,2018, LexisNexis #0518-113
Mar
08
2018
Miller, In re
Ruling:
Debtor's case dismissed as he has failed to provide all information requested and failed to appear for multiple continuations of the first meeting of creditors. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on March 08,2018, LexisNexis #0418-049
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