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
Jul
26
2018
Morse, In re--Estate of Rossi v. Morse
Ruling:
Debt excepted from discharge as debtor willfully and maliciously converted trust funds toher own use. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on July 26,2018, LexisNexis #0918-010
Jul
20
2018
Brizinova, In re--Geltzer v. Soshkin
Ruling:
Trustee's claim for relief dismissed as he failed to establish that post-petition sale proceeds were property of the estate. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on July 20,2018, LexisNexis #0818-106
Jun
26
2018
Moyer Grp., Inc., In re--Pereira v. Frenkel Benefits, LLC
Ruling:
Defendant's motion to dismiss the eleventh claim for relief granted as the amended complaintfailed to assert with sufficient specificity that defendant was unjustly enriched. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on June 26,2018, LexisNexis #0818-026
Jun
29
2018
Advance Watch Co., In re--Kravitz v. Deacons
Ruling:
Motions for entry of default judgments were granted in the adversary proceedings againstdefendants where plaintiff seeks to avoid and recover preferential transfers as defendantsfailed to respond to the summons and complaint, or otherwise appear in the actions. (Bankr.S.D.N.Y.)
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Commercial case opionion summary, case decided on June 29,2018, LexisNexis #0818-027
Jul
09
2018
Oi S.A., In re
Ruling:
Court granted foreign representative's motion to enforce Brazilian reorganization plan as theBrazilian proceeding was not contrary or prejudicial to the interests of creditors in the UnitedStates. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on July 09,2018, LexisNexis #0818-087
Jul
09
2018
Chalfin, In re--Barbarino v. Chalfin
Ruling:
Debt deemed nondischargeable as debtor intended to inflict harm. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on July 09,2018, LexisNexis #0818-071
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