Feb
25
2022
RAM Distrib. Grp. LLC, In re--RAM Distrib. Grp. LLC v. Joseph Gunnar & Co., LLC
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.)
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Commercial case opionion summary, case decided on February 25,2022, LexisNexis #0422-073
Feb
28
2022
Tcherneva, In re
Ruling:
Counsel's attorney's fees were reasonable under § 330, and the application was granted for thefull amount requested. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on February 28,2022, LexisNexis #0422-051
Feb
03
2022
Décor Holdings, Inc., In re--Ryniker v. Kaufmann
Ruling:
Creditors were entitled to ordinary course of business defense to avoidance based on averagelateness of debtors’ payments made before and during the preference period. (Bankr. E.D.N.Y.)
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Commercial case opionion summary, case decided on February 03,2022, LexisNexis #0322-092
Jan
04
2022
Baumann & Sons Buses, Inc., In re--ACME Bus Corp. v. East Meadow Union Free Sch. Dist.
Ruling:
Abstention from debtor's claims against school districts over school bus service contracts wasnot required nor was permissive abstention appropriate as they were either core claims orrelated to the bankruptcy case. (Bankr. E.D.N.Y.)
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Commercial case opionion summary, case decided on January 04,2022, LexisNexis #0222-097
Dec
22
2021
Hukmichand, In re
Ruling:
Debtors were not entitled to vacate the bankruptcy court's denial of their discharge as they didnot provide the trustee with the required documents for over a year and a half beyond theestablished deadline. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on December 22,2021, LexisNexis #0222-067
Jan
03
2022
Wilson, In re
Ruling:
Fee application granted in part as it was appropriate to reduce or disallow time spent by a lawfirm and an attorney and to adjust hours of "lumped" entries. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on January 03,2022, LexisNexis #0222-053
Nov
15
2021
Brancato, In re--Pryor v. Brancato
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.)
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Consumer case opionion summary, case decided on November 15,2021, LexisNexis #0122-036
Sep
30
2021
Goulding, In re--Good v. Goulding
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.)
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Consumer case opionion summary, case decided on September 30,2021, LexisNexis #1121-086
Sep
09
2021
Barkany, In re--Pergament v. Rosenberg
Ruling:
Trustee's motion in limine to exclude expert testimony in settlement hearing was denied.(Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on September 09,2021, LexisNexis #1021-100
Sep
03
2021
Walsh, In re
Ruling:
Debtor's motion to strip second mortgage lien was denied because the property was worth atleast one dollar more than the outstanding balance of the first mortgage. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on September 03,2021, LexisNexis #1021-084
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