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Ho Wan Kwok, In re--Despins v. Defeng Cao

Ruling
Debtor was the beneficial owner of motorcycles, which were therefore property of the estate post-petition transfer of title. (Bankr. D. Conn.)
Issue(s)
Liability of Transferee of Avoided Transfer.

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Consumer opinion summary, case decided on September 09, 2024 , LexisNexis #1124-037

Kwok, In re--Despins v. Greenwich Land, LLC

Ruling
United States trustee was entitled to summary judgment on a turnover claim as the property ofthe bankruptcy estate included the property of a corporate entity that was the debtor's alterego under Delaware law. (Bankr. D. Conn.)
Issue(s)
Turnover of Property to the Estate; Delivery of Property to Trustee.

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Consumer opinion summary, case decided on July 02, 2024 , LexisNexis #0924-013

Kwok, In re

Ruling
Trustee was entitled to extend the statutes of limitations for filing avoidance proceedings,pursuant to the relevant sections of the Bankruptcy Code. (Bankr. D. Conn.)
Issue(s)
Extension of Time; Commencement of Action by Trustee.

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Consumer opinion summary, case decided on February 15, 2024 , LexisNexis #0424-026

Kwok, In re--Despins v. Lamp Capital LLC

Ruling
Debtor’s failure to respond to trustee’s subpoena was not due to circumstances beyond itscontrol. (Bankr. D. Conn.)
Issue(s)
Default.

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Consumer opinion summary, case decided on February 01, 2024 , LexisNexis #0324-073

Valuex Rsch., LLC, In re

Ruling
Involuntary petition dismissed as an inappropriate use of the Bankruptcy Code since it wasintended to intimidate the alleged debtor to renegotiate a convertible promissory note. (Bankr.D. Conn.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.

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Commercial opinion summary, case decided on September 12, 2023 , LexisNexis #1123-042

Kwok, In re

Ruling
Invocation of Fifth Amendment right against self-incrimination did not constitute compliancewith an order compelling production. (Bankr. D. Conn.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.

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Consumer opinion summary, case decided on July 26, 2023 , LexisNexis #0923-076

Kwok, In re--HK Int'l Funds Invs. (USA Ltd., LLC v. Despins)

Ruling
Yacht was property of the estate because a state court's final contempt decision found multiple times that the individual debtor had a beneficial interest in and controlled the yacht. (Bankr. D. Conn.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate.

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Commercial opinion summary, case decided on March 30, 2023 , LexisNexis #0623-013

Morgado, In re--Ruszkowski v. Morgado

Ruling
Debts were nondischargeable absent any issue of material fact regarding fiduciary defalcation.(Bankr. D. Conn.)
Issue(s)
Exceptions to Discharge.

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Consumer opinion summary, case decided on January 20, 2023 , LexisNexis #0323-058

Borg, In re--Cloutier v. Borg

Ruling
Debtor was collaterally estopped from arguing that there was no injury as injury had beenestablished as a matter of law via jury verdict. (Bankr. D. Conn.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on January 18, 2023 , LexisNexis #0323-039

Lafferty v. Jones

Ruling
Motions for remand were granted as factors to decide whether to permissibly abstain from acase or to equitably remand a case included the effect on the efficient administration of thebankruptcy estate. (Bankr. D. Conn.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.

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Consumer opinion summary, case decided on August 15, 2022 , LexisNexis #1022-042