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eastern district of new york

Narine, In re--Narine v. United States

Ruling
Claim for unpaid taxes to the United States was nondischargeable as debtor failed to explainhow she missed reporting a large portion of her 2017 income. (Bankr. E.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Taxes; Fraud or Evasion.

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Consumer opinion summary, case decided on June 11, 2024 , LexisNexis #0824-033

Powell, In re--Powell v. Bank of N.Y. Mellon

Ruling
Motion to declare judgment of foreclosure and sale null and void was denied as the courtruled that it lacked jurisdiction under the Rooker-Feldman doctrine. (Bankr. E.D.N.Y.)
Issue(s)
Automatic Stay; Scope.

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Consumer opinion summary, case decided on May 28, 2024 , LexisNexis #0724-083

DeMarco, In re

Ruling
Debtor's state homestead exemption claim was denied as the debtor was not a United Statesresident on the petition date. (Bankr. E.D.N.Y.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions.

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Consumer opinion summary, case decided on May 17, 2024 , LexisNexis #0724-056

Orion HealthCorp, Inc., In re--Ehrenberg v. Sage Grp. Consulting, Inc.

Ruling
Defendant was not entitled to dismissal of trustee's fraud-related causes of action as thepleadings sufficiently alleged facts to satisfy the elements for each cause. (Bankr. E.D.N.Y.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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Commercial opinion summary, case decided on May 13, 2024 , LexisNexis #0724-044

Feldman, In re--Jackson v. Feldman

Ruling
Claim for attorney's fees against debtor was nondischargeable as debtor did not dispute thatthe fees arose out of a divorce proceeding. (Bankr. E.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Domestic Support Obligations.

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Consumer opinion summary, case decided on May 09, 2024 , LexisNexis #0724-036

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

Gojani, In re--Malovatsky v. Gojani

Ruling
Debt arising out of breach of stipulation by debtor’s failure to remove judgment lien prior totransfer to plaintiff was nondischargeable. (Bankr. E.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts in Connection with Divorce

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Consumer opinion summary, case decided on May 07, 2024 , LexisNexis #0724-057

Murphy, In re

Ruling
Post-petition conduct of mortgage holder and its counsel did not violate the automatic stay asthe submission of the order denying the motion by the successful bidder and the delivery ofthe deed to the assignees were ministerial acts. (Bankr. E.D.N.Y.)
Issue(s)
Automatic Stay; Scope.

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Consumer opinion summary, case decided on May 01, 2024 , LexisNexis #0724-006

Georgian Backyard LLC, In re

Ruling
Motion to dismiss was denied as the allegation that the bankruptcy case was filed to protectpetitioner was conclusory and unsupported. (Bankr. E.D.N.Y.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.

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Commercial opinion summary, case decided on April 18, 2024 , LexisNexis #0724-019

Rojas, In re

Ruling
Debtor failed to establish a valid basis to void the lien held by his former spouse as there wasno evidence that real property was the debtor's residence when he filed for bankruptcy. (Bankr.E.D.N.Y.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

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Consumer opinion summary, case decided on April 03, 2024 , LexisNexis #0624-059