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eastern district of new york

Goldner Capital Mgmt. LLC, In re

Ruling
Debtors’ request to alter language regarding dismissal as consequence of failure to file plans by court-ordered deadline denied. (Bankr. E.D.N.Y.)
Issue(s)
New Trials; Amendment of Judgments.

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Commercial opinion summary, case decided on June 13, 2025 , LexisNexis #0825-075

Johnson, In re

Ruling
Court allowed late-filed rejection damages claim as debtor’s plan was filed after bar date, preventing earlier notice. (Bankr. E.D.N.Y.)
Issue(s)
Filing Proof of Claim or Interest; Time for Filing; Rejection of Executory Contract or Unexpired Lease Claims.

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Consumer opinion summary, case decided on June 13, 2025 , LexisNexis #0825-072

Shibley, In re--Shibley v. SouthState Bank

Ruling
Debtor could not establish justifiable reliance as he had an opportunity to review public records and discover any unpaid tax liens. (Bankr. N.D. Ga.)
Issue(s)
Relief From Judgment or Order.

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Consumer opinion summary, case decided on June 09, 2025 , LexisNexis #0825-100

ECI Pharms. LLC, In re--Acute Inc. v. ECI Pharms. LLC

Ruling
Proceeding seeking revocation of confirmation stayed to avoid interfering with pending appeal of the confirmation order. (Bankr. S.D. Fla.)
Issue(s)
Revocation of an Order of Confirmation.

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Commercial opinion summary, case decided on May 21, 2025 , LexisNexis #0725-096

Davis, In re--Thaler v. Davis

Ruling
Debtor's discharge denied because he knowingly failed to disclose a pending lawsuit and acted with reckless indifference to the truth, indicating fraudulent intent. (Bankr. E.D.N.Y.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on May 20, 2025 , LexisNexis #0725-068

Coast, LLC (Adventure Coast, LLC), Northwest Ga. Factoring Grp. v. Adventure

Ruling
Court barred debtor from removing state court case against debtor’s principal as debtor was not a named party. (Bankr. N.D. Ga.)
Issue(s)
Removal of Claims Related to Bankruptcy.

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Commercial opinion summary, case decided on May 12, 2025 , LexisNexis #0725-074

Golden, In re--Golden v. Nat'l Collegiate Student Loan Trust 2006-4

Ruling
Student and bar loans deemed potentially dischargeable as one exceeded cost of attendance and the other was not for qualified education expenses. (Bankr. E.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

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Consumer opinion summary, case decided on May 07, 2025 , LexisNexis #0725-039

Hyatt, In re

Ruling
Proposed settlement improperly sought to recover administrative expenses from the debtor's exempt homestead proceeds by effectively transferring the exempt funds to the IRS and having the trustee recover those funds from the IRS liens without reducing the IRS claim against the debtor. (Bankr. E.D.N.Y.)
Issue(s)
Determination of Secured Status; Trustee’s Costs and Expenses.

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Consumer opinion summary, case decided on March 26, 2025 , LexisNexis #0525-082

Campanella, In re

Ruling
Reconsideration of stay relief denied as debtors' failure to raise argument about additional collateral securing creditor's claim at the initial hearing was not due to mistake, inadvertence, surprise, or excusable neglect. (Bankr. S.D. Fla.)
Issue(s)
Automatic Stay; Relief from Stay.

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Consumer opinion summary, case decided on February 28, 2025 , LexisNexis #0525-006

Miranda, In re--Miranda v. TLB 2019 LLC

Ruling
Disparity between tax lien sale price and valuation at time of transfer demonstrated a lack of reasonably equivalent value for allegedly fraudulent transfer. (Bankr. E.D.N.Y.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.

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Consumer opinion summary, case decided on January 17, 2025 , LexisNexis #0325-067