Aug
06
2018
Fairfield Sentry Ltd., In re--Fairfield Sentry Ltd. v. Theodoor GGC Amsterdam
Ruling:
Motion to dismiss for lack of subject matter jurisdiction was denied as the court had "relatedto" subject matter jurisdiction over the U.S. Redeemer Actions. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on August 06,2018, LexisNexis #1018-086
Aug
29
2018
DeFreze, In re
Ruling:
Court held that taxes were nondischargeable where debtor's late-filed amended income tax return was not an honest and reasonable effort to comply with tax law. (Bankr. W.D.N.Y.)
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Consumer case opionion summary, case decided on August 29,2018, LexisNexis #1018-042
Aug
29
2018
Semans, In re
Ruling:
Court denied debtors' motion to vacate where there was no statutory basis to vacate the discharge order for the purpose of filing a post-discharge reaffirmation agreement. (Bankr. W.D.N.Y.)
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Consumer case opionion summary, case decided on August 29,2018, LexisNexis #1018-047
Aug
10
2018
Holub Enters., In re--Thaler v. Capital One, N.A.
Ruling:
Defendant's summary judgment motion was granted where crossclaim only addressed potential liability of defendant to cross-claimant for funds that had been turned over to the estate which was not a core claim and was not related to the case. (Bankr. E.D.N.Y.)
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Commercial case opionion summary, case decided on August 10,2018, LexisNexis #0918-118
Aug
13
2018
Lehman Bros. Holdings Inc., In re--Lehman Bros. Holdings Inc. v. 1st Advantage Mortg., LLC
Ruling:
Defendants' motion to dismiss was denied where exception was not applicable as the indemnification claims did not arise from any post-petition business of the liquidated debtors. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on August 13,2018, LexisNexis #0918-119
Aug
09
2018
Lorick, In re
Ruling:
Debtor's surcharge motion was denied as they failed to show that secured creditor fared better due to the debtors' expenditures as any increase in the sale price obtained did not improve secured creditor's position under § 506(c). (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on August 09,2018, LexisNexis #0918-100
Aug
01
2018
Katsiroumbas, In re--Suits v. Katsiroumbas
Ruling:
Discharge was denied as documentary evidence produced by debtor was contradictory and incomplete, and thus insufficient to allow assessment of his financial condition, and testimony did not adequately resolve the ambiguities. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on August 01,2018, LexisNexis #0918-055
Aug
03
2018
D'Arata, In re
Ruling:
Counsel ordered to return fee he charged debtor as he failed provide adequate representation at the debtor's § 341 meetings. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on August 03,2018, LexisNexis #0918-034
Jul
25
2018
Homaidan, In re--Homaidan v. SLM Corp.
Ruling:
Court denied creditors' motion to compel arbitration as creditor violated § 524 when theydemanded payment from the debtor when debts were not student loans and had beendischarged. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on July 25,2018, LexisNexis #0918-015
Jul
27
2018
Madoff, In re--Sec. Investor Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC
Ruling:
Court sustained trustee's determination of the claims at zero as the claimant waived anyobjection to the treatment of "PW" transactions in the LLC's accounts as cash withdrawals.(Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on July 27,2018, LexisNexis #0918-007
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