Brizinova, In re--Geltzer v. Soshkin
Jul
20
2018
Ruling
Trustee's claim for relief dismissed as he failed to establish that post-petition sale proceeds were property of the estate. (Bankr. E.D.N.Y.)
Issue(s)
Turnover of Property to the Estate; Delivery of Property to Trustee.
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Court
:
Choez, In re--All. Shippers, Inc. v. Choez
Nov
20
2017
Ruling
Debtor was not entitled to summary judgment on his counterclaim as he failed to show that there was no genuine dispute that the district court judgment was void for lack of personal jurisdiction. (Bankr. E.D.N.Y.)
Issue(s)
Summary Judgment.
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:
Moshe, In re
May
11
2017
Ruling
Debtor's amended disclosure statement could not be approved as the plan described in the statement was "patently unconfirmable." (Bankr. E.D.N.Y.)
Issue(s)
Contents of Plan; Curing Defaults.
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:
Brizinova, In re--Geltzer v. Brizinova
Mar
03
2017
Ruling
Trustee's motion for contempt and sanctions was denied where trustee did not show thatcounsel acted in bad faith in employing strident words. (Bankr. E.D.N.Y.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.
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:
Vehifax Corp. v. Georgilis (In re Tires R Us Ltd.)
Jun
17
2016
Ruling
Sanctions against creditor denied absent evidence of bad faith.
Issue(s)
Should creditor be sanctioned for alleged willful violations of the automatic stay?
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Court
:
Georgilis v. Corning Fed. Credit Union (In re Am. Made Tires Inc.)
Jun
14
2016
Ruling
Reconsideration of decision to remand adversary proceeding to state court denied.
Issue(s)
Should the bankruptcy court reconsider its remand of adversary proceeding to state court?
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Court
:
- 11 U.S.C.
Alliance Shippers Inc. v. Choez (In re Choez)
Jun
03
2016
Ruling
Nondischargeability proceeding dismissed given failure to establish fiduciary defalcation.
Issue(s)
Whether creditor pleaded, with the necessary particularity, a plausible claim that the debtor committed a fiduciary defalcation by failing to maintain a trust created by the Perishable Agricultural Commodities Act (PACA) upon the receipt of produce, so that the debt owed to creditor, is nondischargeable?
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Court
:
- 11 U.S.C.
First Am. Title Ins. Co. v. Moses (In re Moses)
Mar
15
2016
Ruling
Misrepresentations regarding ownership of property resulted in nondischargeable debt.
Issue(s)
Was creditor title insurer entitled to a nondischargeable debt based on default judgment for fraud, fiduciary defalcation and willful or malicious injury?
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Court
:
- 11 U.S.C.
VW Credit Inc. v. Salim (In re Salim)
Mar
16
2015
Ruling
Debt was nondischargeable due to debtor auto dealer's willful and malicious actions in failing to remit payments due to creditor for vehicles sold.
Issue(s)
Was debt owed by debtor auto dealer to financer of auto sales due to debtor's failure to remit required payments nondischargeable?
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Court
:
- 28 U.S.C.
Johnson v. Wells Fargo Bank N.A. (In re Johnson)
Aug
22
2014
Ruling
Bankruptcy court had jurisdiction over debtor's claims against bank, which were dismissed but with permission for debtor to replead.
Issue(s)
Did bankruptcy court have jurisdiction over debtor's claims against creditor under New York Banking Law, the FHA, the ECOA, and the Civil Rights Act and were those claims sufficiently pled?
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Court
: