Jan
12
2023
Barrick, In re--Ardent Harmony Fund Inc. v. Barrick
Ruling:
Collateral estoppel could not be invoked by plaintiffs to establish nondischargeability as therelevant issues were not necessarily decided by the state court. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on January 12,2023, LexisNexis #0323-035
Dec
28
2022
Hyung Taek Hong, In re--Mendelsohn v. Nationstar Mortg.
Ruling:
Transfers to property owner’s mortgage company in lieu of rent were not avoidable. (Bankr.E.D.N.Y.)
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Consumer case opionion summary, case decided on December 28,2022, LexisNexis #0223-088
Dec
21
2022
Dynkin, In re
Ruling:
Pre-petition creditors failed to meet their burden to establish cause to further extend the § 523or 727 deadline where they had ample time and opportunity to obtain information from thedeponents. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on December 21,2022, LexisNexis #0223-095
Nov
29
2022
McMahon, In re
Ruling:
Motion to extend the deadline to file a complaint objecting to the debtor's discharge wasgranted as the movants did not have sufficient information to file a well-crafted complaintprior to the original deadline. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on November 29,2022, LexisNexis #0123-098
Nov
21
2022
Mori, In re
Ruling:
Creditor was entitled to termination of automatic stay as debtor engaged in a scheme by thetransfer of an interest in the property at issue to the debtor four days before a scheduledforeclosure sale. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on November 21,2022, LexisNexis #0123-56
Nov
01
2022
Hilal Khalil Homaidan, In re--Youssef v. Sallie Mae, Inc.
Ruling:
Creditor's motion to stay the preliminary injunction directing the creditor to cease itscollection efforts on the loans was properly denied as the court did not lack the authority togrant nationwide relief. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on November 01,2022, LexisNexis #0123-015
Oct
06
2022
975 Walton Bronx LLC, In re
Ruling:
Debtor could not cure and reinstate the lender's claim absent cure of the nonmonetary defaultdue to debtor’s intentional breach of the change of control covenant. (Bankr. E.D.N.Y.)
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Commercial case opionion summary, case decided on October 06,2022, LexisNexis #1222-046
Sep
29
2022
Schneorson, In re--Schneorson v. Franklyn
Ruling:
Plaintiff failed to allege a willful violation of the automatic stay as the automatic stay was notin effect as to plaintiff when defendants' bifurcation motion was filed and the proposed stayorder was submitted to the family court. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on September 29,2022, LexisNexis #1222-031
Sep
23
2022
975 Walton Bronx LLC, In re
Ruling:
Debtor's plan of reorganization was not confirmable to the extent that it provided forreinstatement of a loan accelerated by lender after the debtor concealed a change inownership. (Bankr. E.D.N.Y.)
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Commercial case opionion summary, case decided on September 23,2022, LexisNexis #1122-092
Sep
22
2022
Servs. v. Fragala (In re Fragala), Care--Myer's Law
Ruling:
Debt was dischargeable as the services provided by the debtor to plaintiff were not obtainedby false pretenses, a false representation, or actual fraud. (Bankr. E.D.N.Y.)
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Commercial case opionion summary, case decided on September 22,2022, LexisNexis #1122-081
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