Maidan, In re
Feb
23
2023
Ruling
Developer lacked standing to object to trustee’s motion to liquidate debtor’s interest in LLC as it was not a creditor and did not hold a membership or direct economic interest in the LLC. (Bankr. E.D.N.Y.)
Issue(s)
Right to Be Heard; Parties in Interest.
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Hyung Taek Hong, In re--Mendelsohn v. Nationstar Mortg.
Dec
28
2022
Ruling
Transfers to property owner’s mortgage company in lieu of rent were not avoidable. (Bankr.E.D.N.Y.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Extent of
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McMahon, In re
Nov
29
2022
Ruling
Motion to extend the deadline to file a complaint objecting to the debtor's discharge wasgranted as the movants did not have sufficient information to file a well-crafted complaintprior to the original deadline. (Bankr. E.D.N.Y.)
Issue(s)
Grant or Denial of Discharge; Extension of Time.
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Court
:
- 11 U.S.C.
Mori, In re
Nov
21
2022
Ruling
Creditor was entitled to termination of automatic stay as debtor engaged in a scheme by thetransfer of an interest in the property at issue to the debtor four days before a scheduledforeclosure sale. (Bankr. E.D.N.Y.)
Issue(s)
Automatic Stay; Relief from Stay; Scheme to Delay, Hinder and Defraud Creditors
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Omogun, In re--Ethelberth v. Omogun
Jul
06
2022
Ruling
Debtor's discharge was denied where omissions and misstatements in debtor's bankruptcyschedules and statement of financial affairs were extensive and material. (Bankr. E.D.N.Y.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.
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RAM Distrib. Grp. LLC, In re--RAM Distrib. Grp. LLC v. Joseph Gunnar & Co., LLC
Feb
25
2022
Ruling
Debtor's claim for breach of the implied covenant of good faith and fair dealing wasduplicative as the facts upon which both claims were predicated were identical and bothclaims sought identical damages. (Bankr. E.D.N.Y.)
Issue(s)
Defenses and Objections—When and How Presented—By Pleading or Motion—
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Brancato, In re--Pryor v. Brancato
Nov
15
2021
Ruling
Motion to dismiss denied as trustee adequately plead that a sale of the estate's interest and theinterest of the debtor may result in a surplus of funds for the estate. (Bankr. E.D.N.Y.)
Issue(s)
Use, Sale, or Lease of Property; Sale of Estate and Co-Owner Interests.
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Court
:
- 11 U.S.C.
Goulding, In re--Good v. Goulding
Sep
30
2021
Ruling
Judgment debt was excepted from discharge where the state court entry of a default judgmentwas based on a finding of fraud under state law. (Bankr. E.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.
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Barkany, In re--Pergament v. Rosenberg
Sep
09
2021
Ruling
Trustee's motion in limine to exclude expert testimony in settlement hearing was denied.(Bankr. E.D.N.Y.)
Issue(s)
General Provisions Governing Discovery; Required Disclosures; Disclosure of
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Sun Prop. Consultants, Inc., In re--Raj & Raj Realty, Ltd. v. Difficile Realty Corp.
Aug
02
2021
Ruling
Defendant's sanctions motion was granted in part because counsel should have made a morethorough review of the record and procedural history of the bankruptcy case filed in theadversary proceeding before he stepped in as new counsel. (Bankr. E.D.N.Y.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of
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