New York

Motors Liquidation Co., In re

Ruling: 
Court held that the new company could not be liable for punitive damages based solely ondebtor's conduct under a successor liability theory. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on July 10,2019, LexisNexis #0919-031

Gaulsh, In re

Ruling: 
Debtor was not entitled to recovery of surplus from Department of Taxation and Finance claimunless and until all timely and untimely claims were paid in full with interest. (Bankr.S.D.N.Y.)
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Consumer case opionion summary, case decided on July 17,2019, LexisNexis #0919-032

Frankl, In re--Combined Res. Interior, Inc. v. Frankl

Ruling: 
No extraordinarily circumstances warranted equitable tolling of the 60-day period as creditorfailed to establish that it acted with reasonable diligence in prosecuting the non-dischargeability action. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on July 11,2019, LexisNexis #0919-034

Jadeco Constr. Corp., In re--Pryor v. Town of Smithtown

Ruling: 
Trustee's fraudulent conveyance claim was not subject to dismissal where trustee did not seekto overturn the contract decision but sought to recover the value of labor and materials debtorsupplied to a town. (Bankr. E.D.N.Y.)
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Commercial case opionion summary, case decided on July 10,2019, LexisNexis #0919-037

Marcano, In re

Ruling: 
Automatic stay did not go into effect on the petition date as debtor had two cases pendingwithin the prior year. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on June 24,2019, LexisNexis #0819-080

Walczuk, In re

Ruling: 
Debtor's discharge was denied for debtor's series of false statements and omissions in hissworn bankruptcy petition. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on June 21,2019, LexisNexis #0819-095

Postiglione, In re

Ruling: 
Debtor's discharge denied for concealing and transferring assets within one year before thepetition date with intent to hinder, delay, or defraud his creditors. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on June 24,2019, LexisNexis #0819-096

SunEdison, Inc., In re

Ruling: 
Creditor lacked standing to seek relief from fee award in fraud proceeding as it was not aparty in interest. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on June 21,2019, LexisNexis #0819-098

Ditech Holding Corp., In re

Ruling: 
Debtors failed to establish cause to excuse them from collateralizing five bank accounts.(Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on June 24,2019, LexisNexis #0819-077

Lehman Bros. Holdings, In re

Ruling: 
Contested claims were disallowed as they were based solely on an unenforceable guarantee.(Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on May 30,2019, LexisNexis #0819-033

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