2nd Circuit

Biz As Usual, LLC, In re

Ruling: 
Debtor's fifth amended plan was denied where it was not feasible because it was filled withtoo many speculative contingencies and it was not fair and equitable. (Bankr. E.D. Pa.)
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Commercial case opionion summary, case decided on April 28,2021, LexisNexis #0621-047

Cyrus Capital Partners, L.P.

Ruling: 
Plaintiff's avoidance claims were timely because tolling was triggered by filing of Chapter15 petition. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on April 29,2021, LexisNexis #0621-026

Hamilton Rd. Realty LLC, In re

Ruling: 
Trustee could sell debtor's real property free and clear of all liens by subordinating tax liensand compelling lienors to accept payment in satisfaction. (Bankr. E.D.N.Y.)
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Commercial case opionion summary, case decided on April 26,2021, LexisNexis #0621-028

Islamic Bank

Ruling: 
Official committee of unsecured creditors was entitled to turnover of funds that debtorinvested with foreign banks that were not entitled to setoff of those funds against debts owedto them by debtor. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on April 23,2021, LexisNexis #0621-014

PT Bakrie Telecom Tbk, In re

Ruling: 
Indonesian insolvency proceeding was recognized as foreign main proceeding. (Bankr.S.D.N.Y.)
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Commercial case opionion summary, case decided on April 15,2021, LexisNexis #0621-022

Lynch, In re--Barnard v. Citibank, N.A.

Ruling: 
Settlement of mortgage claim approved as reasonable over objections of debtor and creditorwho was debtor’s father. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on April 15,2021, LexisNexis #0621-025

Miszko, In re

Ruling: 
Disgorgement of fees ordered where debtor's counsel collected fees directly from debtor andthen filed a proof of claim in the same amount. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on April 22,2021, LexisNexis #0621-003

Sklar, In re--Garcia v. Sklar

Ruling: 
Creditor was not entitled to retroactive relief from the automatic stay because the lawsuit wasfiled in violation of the automatic stay but granted prospective relief from stay to allow to filea new lawsuit against the debtor. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on April 20,2021, LexisNexis #0621-005

Herring, In re--NITV Fed. Servs., LLC v. Herring

Ruling: 
Collateral estoppel did not apply to render state court judgment nondischargeable where therewas not a complete identity of the issues. (Bankr. E.D. Pa.)
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Consumer case opionion summary, case decided on April 22,2021, LexisNexis #0621-012

Chew, In re

Ruling: 
Prepetition claim for mortgage arrears was accurate where creditor was entitled to include anescrow deficiency and an escrow shortage in the chapter 13 plan. (Bankr. E.D. Pa.)
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Consumer case opionion summary, case decided on April 14,2021, LexisNexis #0521-098

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