Hyatt, In re
Mar
26
2025
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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Court
:
- 11 U.S.C.
Lui, In re--Shau Chung Hu v. Lui
Feb
12
2024
Ruling
State court judgment was excepted from discharge as debtor had violated her fiduciary dutyand those actions clearly constituted defalcation. (Bankr. E.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or
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Court
:
- 11 U.S.C.
CNG Foods LLC, In re
Jul
13
2020
Ruling
Debtor was entitled to attorneys' fees and costs as the involuntary bankruptcy case was filed in bad faith. (Bankr. E.D.N.Y.)
Issue(s)
Involuntary Cases; Judgment upon Dismissal; Damages for Bad Faith.
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Court
:
( Judge Lord ) [ Bankruptcy Court ]
Zucaro, In re
Mar
31
2020
Ruling
Debtors' motion for sanctions denied where creditor's default judgment against debtors wasstill in place at the time counsel represented the creditor and provided basis for proofs ofclaim. (Bankr. E.D.N.Y.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of
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Court
:
- 11 U.S.C.
Fierro, In re--Fierro v. Yellen
Mar
31
2020
Ruling
Debtors failed to state a bad faith claim as they failed to connect a specific bankruptcyprovision to conduct of creditor's state court counsel. (Bankr. E.D.N.Y.)
Issue(s)
Power of Court.
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Court
:
- 11 U.S.C.
Kedia, In re--Suparo Int'l Inc. v. Kedia
Oct
03
2019
Ruling
Debt was not dischargeable where debtor engaged in actual fraud that impaired creditor'sability to collect its debt. (Bankr. E.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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Court
:
Masih, In re--Itria Ventures LLC v. Masih
Mar
31
2019
Ruling
Denial of discharge denied as creditor failed to prove that the debtor made a false oath oraccount. (Bankr. E.D.N.Y.)
Issue(s)
Discharge; Grounds for Denial.
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Court
:
Chadha, In re--Itria Ventures LLC v. Chadha
Mar
30
2019
Ruling
Debtor's discharge was granted as creditor failed to prove that debtor committed fraud orfalsified financial documents to obtain monies. (Bankr. E.D.N.Y.)
Issue(s)
Discharge; Grounds for Denial.
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Court
:
Hazan, In re--GSY Corp. v. Hazan
Sep
27
2018
Ruling
Debtor's motion to dismiss nondischargeability claim was granted as the claim failed on theelement of reliance. (Bankr. E.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
:
Lorick, In re
Aug
09
2018
Ruling
Debtor's surcharge motion was denied as they failed to show that secured creditor fared better due to the debtors' expenditures as any increase in the sale price obtained did not improve secured creditor's position under § 506(c). (Bankr. E.D.N.Y.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.
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Court
: