- 11 U.S.C.
Richmond Garden Views, LLC, In re--Magaliff v. Davidoff
Oct
09
2024
Ruling
Chapter 7 trustee was not entitled to turnover of a deposit debtor made to purchase property at a foreclosure sale on which he defaulted. (Bankr. S.D.N.Y.)
Issue(s)
Turnover of Property by a Custodian; Duties of Custodian; Delivery of Property to Trustee.
ABI Membership is required to access the full summary of Richmond Garden Views, LLC, In re--Magaliff v. Davidoff Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Williamsburg Boutique LLC, In re
Oct
09
2024
Ruling
Debtor's rights under easement were property of the estate as those rights constituted an intangible real property interest under state law. (Bankr. S.D.N.Y.)
Issue(s)
Use, Sale, or Lease of Property.
ABI Membership is required to access the full summary of Williamsburg Boutique LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Andrade, In re
Oct
04
2024
Ruling
Post-petition domestic support obligations could not be included in the ex-husband's proof of claim. (Bankr. S.D.N.Y.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Unmatured Debt Excepted from Discharge.
ABI Membership is required to access the full summary of Andrade, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Edgewood Food Mart, In re--Lester v. Edgewood Food Mart, Inc.
Sep
25
2024
Ruling
Creditor sanctioned for filing a frivolous complaint against debtor as it knew or should have known that it lacked standing to bring the proceeding. (Bankr. N.D. Ga.)
Issue(s)
Preferences.
ABI Membership is required to access the full summary of Edgewood Food Mart, In re--Lester v. Edgewood Food Mart, Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Celsius Network LLC, In re--Barber Lake Dev. LLC v. Priority Power Mgmt., LLC
Sep
25
2024
Ruling
Proceeding seeking turnover of equitable interest in facility and proceeds denied where the action was dependent on an unjust enrichment claim that was not viable under state law. (Bankr. S.D.N.Y.)
Issue(s)
Turnover of Property to the Estate; Delivery of Property to Trustee.
ABI Membership is required to access the full summary of Celsius Network LLC, In re--Barber Lake Dev. LLC v. Priority Power Mgmt., LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Shibley, In re--SouthState Bank v. Shibley
Sep
24
2024
Ruling
Bank was granted sanctions as the debtor knew the sanctions motion he filed had no legal basis and was filed in bad faith to harass the bank and increase its costs. (Bankr. N.D. Ga.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of Papers.
ABI Membership is required to access the full summary of Shibley, In re--SouthState Bank v. Shibley Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Weiss Multi-Strategy Advisers LLC, In re--GWA, LLC v. Jefferies Strategic Invs., LLC
Sep
24
2024
Ruling
Court denied avoidance of forbearance agreement in its entirety where debtors agreed the transactions provided reasonably equivalent value. (Bankr. S.D.N.Y.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.
ABI Membership is required to access the full summary of Weiss Multi-Strategy Advisers LLC, In re--GWA, LLC v. Jefferies Strategic Invs., LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Liberty Bridge Cap. Mgmt. GP, LLC, In re
Sep
24
2024
Ruling
Transferee was protected from avoidance even if it failed to conduct a preliminary, diligent inquiry as there were no suspicious facts surrounding the transfer that would reflect the debtor's fraudulent intent or imminent insolvency. (Bankr. S.D.N.Y.)
Issue(s)
Limitations on Avoiding Powers; Seller's Right of Reclamation.
ABI Membership is required to access the full summary of Liberty Bridge Cap. Mgmt. GP, LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Belcher, In re--GMT Mgmt. Grp., LLC v. Belcher
Sep
24
2024
Ruling
Summary judgment as to nondischargeability denied due to insufficient factual support. (Bankr. N.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
ABI Membership is required to access the full summary of Belcher, In re--GMT Mgmt. Grp., LLC v. Belcher Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Benton, In re
Sep
24
2024
Ruling
Automatic stay was not in effect where debtor had two cases dismissed within the past year and had not filed an appropriate motion. (Bankr. S.D.N.Y.)
Issue(s)
Automatic Stay.
ABI Membership is required to access the full summary of Benton, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: