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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

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

Home Bldg. Corp., In re

Ruling
Fee petition denied where the debtor's counsel did not provide services that were reasonably likely to benefit the estate and the case was filed solely to delay secured creditor. (Bankr. E.D.N.Y.)
Issue(s)
Compensation of Officers.

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Commercial opinion summary, case decided on January 17, 2025 , LexisNexis #0325-053

Daly, In re

Ruling
Further prosecution of prepetition action was barred by the discharge injunction but claims for declaratory relief unrelated to personal liability could proceed. (Bankr. S.D. Fla.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief.

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Consumer opinion summary, case decided on January 08, 2025 , LexisNexis #0325-041

Diamond, In re--Pergament v. Diamond

Ruling
Debt was nondischargeable where each creditor had its own particularized set of injuries which were direct and personal and any claims arising from such injuries belonged to the creditors who invested based on false representations made by the debtor. (Bankr. E.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on September 05, 2024 , LexisNexis #1124-030

Gojani, In re--Malovatsky v. Gojani

Ruling
Debt arising out of breach of stipulation by debtor’s failure to remove judgment lien prior totransfer to plaintiff was nondischargeable. (Bankr. E.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts in Connection with Divorce

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Consumer opinion summary, case decided on May 07, 2024 , LexisNexis #0724-057

Murphy, In re

Ruling
Post-petition conduct of mortgage holder and its counsel did not violate the automatic stay asthe submission of the order denying the motion by the successful bidder and the delivery ofthe deed to the assignees were ministerial acts. (Bankr. E.D.N.Y.)
Issue(s)
Automatic Stay; Scope.

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Consumer opinion summary, case decided on May 01, 2024 , LexisNexis #0724-006

Koh Lee, In re

Ruling
Debt was nondischargeable where debtor made an implied misrepresentation each time hesubmitted an invoice to the creditor for payment that did not reflect the true price paid forgoods. (Bankr. E.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on March 25, 2024 , LexisNexis #0524-088

Diamond Fin. Co., In re--Pergament v. Torac Realty, LLC

Ruling
Transfers could be avoided where the debtor and its entities paid back defendant transfereealmost double the amount that it loaned. (Bankr. E.D.N.Y.)
Issue(s)
Liability of Transferee of Avoided Transfer.

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Commercial opinion summary, case decided on February 22, 2024 , LexisNexis #0424-044