Eastern District

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

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

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

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

Bridge Assocs. of Soho, Inc., In re

Ruling: 
Debtor's motion to sell an occupied residential loft building free and clear of liens claims and encumbrances denied where the statutory tenants had possessory rights granted to them under the loft law which debtor could not disturb. (Bankr. E.D.N.Y.)
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Commercial case opionion summary, case decided on July 02,2018, LexisNexis #0818-037

Singh, In re--Capital One Equip. Fin. Corp. v. Singh

Ruling: 
Debtor's discharge denied for multiple false statements and omissions directly related to thediscovery of his assets and liabilities. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on May 29,2018, LexisNexis #0718-023

Regino, In re

Ruling: 
Court disallowed the law group's claim in its entirety as it was unreasonable under bothfederal standards and the New York Rules of Professional Conduct. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on May 18,2018, LexisNexis #0618-070

Chase, In re--Chase v. Chase

Ruling: 
Debtor's motion to dismiss was denied where debt was nondischargeable on the basis of issuepreclusion and was previously held nondischargeable as a domestic support obligation.(Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on May 01,2018, LexisNexis #0618-011

Zaretsky, In re--Zaretsky v. Zaretsky

Ruling: 
Awards received against debtor in state court judgment deemed nondischargeable asjudgment creditors proved by a preponderance of evidence that debtor's defamatorystatements were willful and malicious. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on May 03,2018, LexisNexis #0618-013

Fioriglio, In re

Ruling: 
Court ruled that debtor was ineligible to be a debtor under chapter 13 as his secured debts exceeded the limit imposed by § 109(e). (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on March 27,2018, LexisNexis #0518-094

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