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Werfel, In re

Ruling
Involuntary Chapter 7 bankruptcy case against the IRS dismissed as the IRS was not a person.(Bankr. E.D.N.Y.)
Issue(s)
Definitions; “Person”.

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Consumer opinion summary, case decided on January 16, 2024 , LexisNexis #0324-027

Markisich, In re--Doyaga v. Markisich

Ruling
Bankruptcy trustee plausibly alleged the threshold requirements claim to proceed with thesale of single-family home as the debtor had an undivided interest in the property on thepetition date. (Bankr. E.D.N.Y.)
Issue(s)
Use, Sale, or Lease of Property; Sale of Estate and Co-Owner Interests.

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Consumer opinion summary, case decided on November 20, 2023 , LexisNexis #0124-058

Markisich, In re--Doyaga v. Markisich

Ruling
Bankruptcy trustee plausibly alleged the threshold requirements claim to proceed with thesale of single-family home as the debtor had an undivided interest in the property on thepetition date. (Bankr. E.D.N.Y.)
Issue(s)
Use, Sale, or Lease of Property; Sale of Estate and Co-Owner Interests.

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Consumer opinion summary, case decided on November 20, 2023 , LexisNexis #0124-058

Heilbron, In re--Plaza v. Heilbron

Ruling
Debt was nondischargeable where creditor met his burden of proving that the debtor actedboth willfully and maliciously. (Bankr. E.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Commercial opinion summary, case decided on September 28, 2023 , LexisNexis #1223-008

Fama-Chiarizia, In re

Ruling
Debtor satisfied the third and fourth eligibility requirements to be a Subchapter V debtor.(Bankr. E.D.N.Y.)
Issue(s)
Definitions; Debtor; Persons Included.

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Consumer opinion summary, case decided on September 15, 2023 , LexisNexis #1123-069

Fama, In re

Ruling
Debtor was eligible to proceed as a debtor under Subchapter V of Chapter 11. (Bankr. E.D.N.Y.)
Issue(s)
Definitions; Debtor; Persons Included.

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Consumer opinion summary, case decided on September 15, 2023 , LexisNexis #1123-070

Hilal Khalil Homaidan, In re--Youssef v. Sallie Mae, Inc.

Ruling
Creditor's motion to stay the preliminary injunction directing the creditor to cease itscollection efforts on the loans was properly denied as the court did not lack the authority togrant nationwide relief. (Bankr. E.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.

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Consumer opinion summary, case decided on November 01, 2022 , LexisNexis #0123-015

Hilal Khalil Homaidan, In re

Ruling
Student loan company's motion for a stay pending appeal was denied as the company did notmake a strong showing that it was likely to succeed on the merits. (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 02, 2022 , LexisNexis #1122-025

Fusco, In re--Blake v. Fusco

Ruling
Debt was nondischargeable as it was for the violation of state securities law and for commonlaw fraud, deceit, or manipulation in connection with the sale or purchase of securities. (Bankr.E.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on August 03, 2022 , LexisNexis #0922-057

Krichevsky, In re

Ruling
Motion to recuse denied as debtor had not established a basis to conclude, or even questionseriously, the bankruptcy court's impartiality. (Bankr. E.D.N.Y.)
Issue(s)
Disqualification of Justice, Judge, or Magistrate [Judge]; Any justice.

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Consumer opinion summary, case decided on April 25, 2022 , LexisNexis #0622-071