Diamond, In re--Pergament v. Diamond
Sep
05
2024
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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Court
:
- 11 U.S.C.
Gojani, In re--Malovatsky v. Gojani
May
07
2024
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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Murphy, In re
May
01
2024
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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Court
:
- 11 U.S.C.
Koh Lee, In re
Mar
25
2024
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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Court
:
- 11 U.S.C.
Diamond Fin. Co., In re--Pergament v. Torac Realty, LLC
Feb
22
2024
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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Court
:
- 11 U.S.C.
Milberg, In re
Dec
13
2023
Ruling
Court concluded that the case was not filed in good faith and the amended plan that providedno payments to creditors while debtor litigated the validity of their claims was not proposedin good faith. (Bankr. S.D. Fla.)
Issue(s)
Confirmation of Plan.
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Court
:
- 11 U.S.C.
Mirian, In re
Nov
08
2023
Ruling
Debtor was not entitled to claim an exemption in survivorship interest in a non-residencecondominium as a debtor's right to shield an interest in such property from process did notexist under state law. (Bankr. E.D.N.Y.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;
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Court
:
- 11 U.S.C.
Daly, In re--Daly v. Daly
Nov
08
2023
Ruling
Debtor did not owe purported creditors any debt that could be excepted from discharge asthey failed to prove any claim. (Bankr. S.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.
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Savva's Rest., Inc., In re--TD Bank, N.A. v. KB Ins. Co.
Sep
21
2023
Ruling
Bank was entitled to a declaration that it had a right to payment under the policy as the bankheld a separate insurable interest in the debtor's property pursuant to amounts disbursed ondebtor’s behalf. (Bankr. E.D.N.Y.)
Issue(s)
Obtaining Credit; Authorization After Notice and Hearing.
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Court
:
- 11 U.S.C.
Chunton, In re--Sarikaputar v. Chunton
Aug
24
2023
Ruling
Discharge was denied as debtor had made multiple false statements in her schedules andexhibited a reckless indifference to the truth sufficient to establish fraudulent intent. (Bankr.E.D.N.Y.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.
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