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Ali, In re

Ruling
Conversion from Chapter 7 to Chapter 13 denied as debtor failed to establish proposed third party contributions were sufficiently stable and regular to enable her to fund the 100% repayment plan. (Bankr. E.D.N.Y.)
Issue(s)
Conversion.

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Consumer opinion summary, case decided on December 26, 2024 , LexisNexis #0325-010

Tupper, In re

Ruling
Case dismissed with prejudice and 180-day refiling bar because debtor's repeated bankruptcy filings on the eve of foreclosure sales demonstrated a pattern of bad faith designed to hinder and delay the mortgagee from exercising its rights. (Bankr. E.D.N.Y.)
Issue(s)
Conversion or Dismissal; For Cause.

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Consumer opinion summary, case decided on December 20, 2024 , LexisNexis #0325-018

Tupper, In re

Ruling
Creditor’s motion for relief from stay in debtor’s third bankruptcy case granted where debtor failed to prosecute the cases, each filed on the eve of foreclosure, in good faith. (Bankr. E.D.N.Y.)
Issue(s)
Automatic Stay; Relief from Stay.

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Consumer opinion summary, case decided on December 10, 2024 , LexisNexis #0225-056

Doresca, In re

Ruling
Neither an assignment nor the recordation of a mortgage violated the automatic stay as the lienon the property was created long before. (Bankr. E.D.N.Y.)
Issue(s)
Automatic Stay; Scope.

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Consumer opinion summary, case decided on July 15, 2024 , LexisNexis #0924-030

Alfau, In re

Ruling
Debtor's motion to reopen long-ago dismissed Chapter 13 case denied as debtor had notprovided any reasonable explanation for his delay in bringing the application.(Bankr. E.D.N.Y.)
Issue(s)
Closing and Reopening Cases; When to Reopen.

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Consumer opinion summary, case decided on May 07, 2024 , LexisNexis #0724-081

Plasterer, In re

Ruling
Debtor's attempt to rescind and reverse a foreclosure sale was rebuffed as an automatic staydid not go into effect upon the commencement of his third bankruptcy case. (Bankr. E.D.N.Y.)
Issue(s)
Automatic Stay; Duration; Cases Filed Within One Year of Dismissal of Two or More

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Consumer opinion summary, case decided on February 13, 2024 , LexisNexis #0424-032

NRAD Med. Assocs., P.C., In re--Kim v. NRAD Med. Assocs., P.C.

Ruling
Court found that proceeds of insurance policies in which debtor had a prepetition interestwere property of the estate. (Bankr. E.D.N.Y.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate.

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Commercial opinion summary, case decided on January 26, 2024 , LexisNexis #0324-045

Harmony Holding Grp., In re

Ruling
Automatic stay in bankruptcy did not prevent the post-petition transfer of a deed to aforeclosure sale purchaser as the sale took place prior to the filing of the petition. (Bankr.E.D.N.Y.)
Issue(s)
Automatic Stay.

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Commercial opinion summary, case decided on November 07, 2023 , LexisNexis #0124-002

Gallagher, In re

Ruling
Trustee properly authorized the sale of the debtor's residential real property and distributionof the proceeds. (Bankr. E.D.N.Y.)
Issue(s)
Treatment of Certain Liens; Order of Distribution of Property Subject to Tax Liens;

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Consumer opinion summary, case decided on October 25, 2023 , LexisNexis #1223-091

Plasterer, In re

Ruling
Debtor had not demonstrated that a stay was warranted as he failed to satisfy any of the fourfactors courts consider in determining whether to grant or deny a stay pending appeal. (Bankr.E.D.N.Y.)
Issue(s)
Stay Pending Appeal; Bonds; Suspension of Proceedings; Initial Motion in the

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Consumer opinion summary, case decided on September 25, 2023 , LexisNexis #1223-025