East End Dev., LLC, In re--Post-Effective Date Comm. of the Estate of East End Dev., LLC v. Amalgamated Bank
Apr
04
2017
Ruling
Equitable subordination not warranted as the facts presented did not satisfy the standard for equitable subordination. (Bankr. E.D.N.Y.)
Issue(s)
Subordination; Equitable Subordination.
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Court
:
- 11 U.S.C.
In re Bender
Dec
06
2016
Ruling
Automatic stay terminated after 30 days in debtor’s second case filed within one year. (Bankr.E.D.N.Y.)
Issue(s)
Automatic Stay.
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Court
:
- 11 U.S.C.
In re Pod
Oct
25
2016
Ruling
Debtor could not strip off second mortgage where there was value in property in excess ofamount of first mortgage. (Bankr. E.D.N.Y.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
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Court
:
- 11 U.S.C.
In re MCO Wash, Inc.
Aug
02
2016
Ruling
Proposed distribution bypassed senior creditors without their consent and could not beapproved. (Bankr. E.D.N.Y.)
Issue(s)
Could the bankruptcy court approve a final distribution of estate funds generated in part through a carve-out agreement between the trustee and a secured creditor, proposing a distribution to general unsecured creditors while offering no distribut
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Court
:
- 11 U.S.C.
United States v. Manno-DeGraw (In re Manno-Degraw)
Jul
06
2016
Ruling
Debtor’s material false statements,errors and omissions were grounds for denial of discharge.(Bankr. E.D.N.Y.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.
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Court
:
- 11 U.S.C.
Pergament v. Gonzalez (In re Gonzalez)
Jun
23
2016
Ruling
Discharge denied due to debtor’s numerous false statements and omissions.
Issue(s)
Should debtors’ discharge be denied based on numerous false statements and omissions in schedules and statement of financial affairs?
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Court
:
Barnard v. Town of Huntington (In re Joe's Friendly Serv. & Son, Inc.)
Jun
01
2016
Ruling
Debtor corporation was not eligible to claim damages for town and officials for violation ofthe automatic stay. (Bankr. E.D.N.Y.)
Issue(s)
Automatic Stay; Remedies for Violation.
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Court
:
In re Ross
Apr
14
2016
Ruling
Trustee's motion to reopen case to include settlement proceeds from claim for which there was insufficient prepetition basis denied.
Issue(s)
Could trustee reopen debtor's case in order to administer settlement proceeds offered to the debtor in connection with a medical device implanted in the debtor and removed pre-petition?
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Court
:
- 11 U.S.C.
Decena v. Citizens Bank (In re Decena)
Apr
04
2016
Ruling
Privately funded student loan used to attend unaccredited and unlicensed foreign medical school was dischargeable.
Issue(s)
Were educational loans nondischargeable or did they not fit within the parameters of student loan debt proscribed by section 523(a)(8) so as to be eligible for a discharge?
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Court
:
- 11 U.S.C.
In re All Island Truck Leasing Corp.
Mar
02
2016
Ruling
Trustee and professionals not entitled to fees in case where there was no distribution tounsecured creditors. (Bankr. E.D.N.Y.)
Issue(s)
Were trustee and professionals entitled to compensation in case where there was no distribution to unsecured creditors?
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Court
: