Mar
28
2018
Adamo, In re--Pergament v. Hofstra Univ.
Ruling:
Prepetition tuition payments made by debtor for his children were not avoidable as the universities' electronic system was merely holding the funds on behalf of the student account holders. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on March 28,2018, LexisNexis #0518-046
Mar
28
2018
Man Kit Ng, In re--Geltzer v. Man Kit Ng
Ruling:
Trustee was not entitled to sanctions as the opposing counsel's statements, while strident, provocative, and offensive to the trustee, did not reflect bad faith. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on March 28,2018, LexisNexis #0518-032
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
Feb
23
2018
Jean-Baptiste, In re--Jean Baptiste v. Educ. Credit Mgmt. Corp.
Ruling:
The loans the chapter 7 debtor obtained to attend law school were considered "qualifiededucational loans" as they were made under programs funded by nonprofit institutions, evenif she used the said funds for noneducational purposes. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on February 23,2018, LexisNexis #0418-017
Feb
15
2018
Lawski v. Frontier Ins. Grp., LLC
Ruling:
Liquidator was precluded by the plan and the confirmation order from interfering with the reversionary interests that were property of the reorganized debtor. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on February 15,2018, LexisNexis #0318-111
Feb
16
2018
Encore Prop. Mgmt., In re
Ruling:
Court dismissed debtor's chapter 11 case as it had been using bankruptcy to delay a bank's effort to execute a foreclosure judgment. (Bankr. W.D.N.Y.)
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Commercial case opionion summary, case decided on February 16,2018, LexisNexis #0318-109
Feb
08
2018
Prisco, In re
Ruling:
Debtor's motion for reconsideration denied where creditor properly opposed each and everyalleged violation of the discharge injunction. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on February 08,2018, LexisNexis #0318-073
Feb
08
2018
PHS Grp. Inc., In re--Pergament v. Amton Inc.
Ruling:
Court ruled that under the Wagoner doctrine, the trustee had sufficient standing to file claimsagainst the defendant as the latter had exercised sufficient control over the debtor'soperations. (Bankr. E.D.N.Y.)
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Commercial case opionion summary, case decided on February 08,2018, LexisNexis #0318-061
Feb
09
2018
HS 45 John LLC, In re--45 John NY, LLC v. HS 45 John LLC
Ruling:
Summary judgment was denied as debtor had raised material questions of fact regarding thepurchaser's right to sue in relation to the escrow agreement. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on February 09,2018, LexisNexis #0318-068
Feb
01
2018
Gelin, In re
Ruling:
Debtor's case closed and discharge denied for failure to make full payments under their plan.(Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on February 01,2018, LexisNexis #0318-055
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