Dec
12
2018
Pirogova, In re
Ruling:
Petition for recognition of Russian insolvency proceeding as a foreign main proceeding wasdenied as there was no evidence showing that resident alien debtor had a place of operationsin Russia on the petition date. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on December 12,2018, LexisNexis #0119-084
Nov
16
2018
Lozada, In re--Lozada v. Educ. Credit Mgmt. Corp.
Ruling:
Debtor's student loan debt ruled not dischargeable as the debtor did not make any effort tomaximize his income nor minimize his expenses to repay his student loan debt. (Bankr.S.D.N.Y.)
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Consumer case opionion summary, case decided on November 16,2018, LexisNexis #0119-014
Dec
04
2018
Sterman, In re
Ruling:
Transfers to or for the benefit of debtors' daughters after they reached the age of 21 for collegetuition and related expenses were avoidable as constructive fraudulent transfers if the debtorswere insolvent at the times the transfers were made. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on December 04,2018, LexisNexis #0119-019
Oct
02
2018
Lehman Bros. Holdings, Inc., In re--Lehman Bros. Holdings, Inc. v. 1st Advantage Mortg., LLC
Ruling:
Defendants' motions to transfer venue denied where interest of justice weighed heavily in favor of retaining venue of all of the adversary proceedings. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on October 02,2018, LexisNexis #1118-089
Oct
14
2014
Petroleum Kings, LLC, In re--United Energy Corp. v. Petroleum Kings, LLC
Ruling:
Creditor's proof of claim that was filed in compliance with the federal rules of bankruptcy procedure was prima facie evidence of the validity of the creditor's claim. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on October 14,2014, LexisNexis #1118-066
Oct
02
2018
Teltronics, Inc., In re
Ruling:
Judgment affirmed where bankruptcy court properly denied trustee's Daubert motion as he failed to prove that debtor was insolvent at the time of the transfer. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on October 02,2018, LexisNexis #1118-076
Oct
11
2018
Lehman Bros. Holdings, Inc., In re
Ruling:
Motion to issue substituted preferred stock under a pre-effective date charter was denied as the plan administrator did not have the power to do so. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on October 11,2018, LexisNexis #1118-086
Sep
26
2018
Brizinova, In re--Geltzer v. Brizinova
Ruling:
Trustee was not entitled to seek turnover of post-petition sale proceeds as debtor's ownership of online corporation's shares did not give debtor legal title to, or an ownership interest in, its assets. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on September 26,2018, LexisNexis #1118-048
Sep
28
2017
N.Y. Light Energy, In re--Dribusch v. Gross Elec.
Ruling:
Trustee may avoid two transfers as they were made for an antecedent debt, made within 90 days of the filing of the petition, and debtor was insolvent at the time of the transfer. (Bankr. N.D.N.Y.)
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Commercial case opionion summary, case decided on September 28,2017, LexisNexis #1118-050
Sep
24
2018
Motors Liquidation Co., In re
Ruling:
Settlement agreement could not be approved as it proposed to permit payment of late-filed claims on behalf of over 11 million claimants who suffered economic loss due to defects in vehicles the debtor manufactured without certifying those claimants as class claimants. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on September 24,2018, LexisNexis #1118-060
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