Judge Davis

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

Morgan, In re

Ruling: 
No violation of discharge injunction in credit union's response to debtor's inquiry that alldelinquent account balances should be paid in full to reinstate or activate a new checkingaccount. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on December 12,2017, LexisNexis #0118-077

Erickson, In re--Prado v. Erickson

Ruling: 
Debt could not be excepted from discharge as there was no connection between the fraudulenttransfer scheme and the debt. (Bankr. W.D. Tex.)
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Consumer case opionion summary, case decided on September 29,2017, LexisNexis #1117-048

Romanowski, In re

Ruling: 
Court denied debtor's application for a permanent waiver of the prepetition credit counselingrequirement and the financial management course. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on August 04,2017, LexisNexis #1017-063

Sharak, In re

Ruling: 
Debtor's motion against loan servicer seeking sanctions against it for civil contempt grantedwhere mortgage statements from the servicer constituted a violation of the dischargeinjunction. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on May 18,2017, LexisNexis #0617-074

FPMC Austin Realty Partners, LP, In re

Ruling: 
Managing member debtor's general partner made no substantial contribution for purposes of fee application in selling debtor's assets as it was expected of someone who was in charge of selling assets of the partnership. (Bankr. W.D. Tex.)
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Commercial case opionion summary, case decided on March 10,2017, LexisNexis #0417-038

Kohout v. Nationstar Mortg., LLC (In re Kohout)

Ruling: 
Disallowance of proof of claim on procedural grounds did not void creditor’s lien. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on November 10,2016, LexisNexis #1216-040

In re Powers

Ruling: 
Confirmation of debtor’s third amended plan denied as the plan was not proposed in goodfaith. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on July 13,2016, LexisNexis #1216-026

In re Colliau

Ruling: 
Trustee could not keep case open to see if liened property appreciated but equitable lien imposed to cover value of transfers made to defraud creditors.
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Consumer case opionion summary, case decided on May 20,2016, LexisNexis #0616-045

Etheridge v. CitiMortgage Inc. (In re Etheridge)

Ruling: 
State property law could be applied to allow settlement avoiding underwater second lien on debtor's property despite anti-modification provision of § 1322 (b)(2).
ABI Membership is required to access the full summary of Etheridge v. CitiMortgage Inc. (In re Etheridge). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 28,2016, LexisNexis #0416-096

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