2nd Circuit

Pinnick, In re--Pinnick v. No Respondent

Ruling: 
Motion to dismiss Chapter 7 case denied as debtor's mistaken belief that her home would beprotected in bankruptcy was not by itself a reason to dismiss given the relatively small claimsof four general unsecured creditors. (Bankr. W.D. Pa.)
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Consumer case opionion summary, case decided on March 08,2019, LexisNexis #0419-063

Feldman, In re--Glassman v. Feldman

Ruling: 
Debtor's Chapter 13 case was dismissed due to debtor's blatant disregard for his obligations tofile accurate bankruptcy schedules. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on February 26,2019, LexisNexis #0419-065

James E. Cartisano & Joanne M. Cuccio, In re

Ruling: 
Motion to impose sanctions against debtors denied where record did not support finding ofbad faith. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on March 04,2019, LexisNexis #0419-050

Ts Empl., In re

Ruling: 
Trustee entitled to recover fees paid to creditor as constructive fraudulent transfers under statelaw. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on February 28,2019, LexisNexis #0419-036

Corkran, In re

Ruling: 
Court denied debtors' motion to reopen their chapter 7 case to amend their schedules and addan employment claim which was omitted as an asset in their original filing as they were theonly parties who stood to potentially benefit from reopening. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on February 25,2019, LexisNexis #0419-027

Heiser, In re

Ruling: 
Debtor was allowed to treat creditor's installment land contract as a residential mortgage thatcan be cured during the plan's five-year term. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on February 24,2019, LexisNexis #0419-021

Dille Family Trust, In re--Murphy v. Bernstein

Ruling: 
Trust debtor was ineligible for bankruptcy relief as its primary purpose was to protect andpreserve the res for family beneficiaries and not for transacting business for a profit. (Bankr.W.D. Pa.)
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Commercial case opionion summary, case decided on February 20,2019, LexisNexis #0419-002

1111 Myrtle Ave. Grp., LLC, In re

Ruling: 
Lender entitled to payment of additional post-petition interest at contractual default rate ofseven percent as court found the rate was not egregious or inequitable. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on February 14,2019, LexisNexis #0319-081

Avidon, In re

Ruling: 
Creditors' factual allegations failed to state a claim as the false pretenses, false representation,or actual fraud were mere labels and conclusions. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on February 21,2019, LexisNexis #0319-082

Marinari, In re

Ruling: 
Motion to reconsider or vacate the dismissal of debtor's chapter 13 case was denied wherecourt concluded that debtors have an absolute right to dismissal because, even if there wasnew evidence, it would not have affected the legal conclusion. (Bankr. E.D. Pa.)
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Consumer case opionion summary, case decided on February 15,2019, LexisNexis #0319-090

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