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eastern district of new york

Milberg, In re

Ruling
Court concluded that the case was not filed in good faith and the amended plan that providedno payments to creditors while debtor litigated the validity of their claims was not proposedin good faith. (Bankr. S.D. Fla.)
Issue(s)
Confirmation of Plan.

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Consumer opinion summary, case decided on December 13, 2023 , LexisNexis #0224-018

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

Mirian, In re

Ruling
Debtor was not entitled to claim an exemption in survivorship interest in a non-residencecondominium as a debtor's right to shield an interest in such property from process did notexist under state law. (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 November 08, 2023 , LexisNexis #0124-033

Daly, In re--Daly v. Daly

Ruling
Debtor did not owe purported creditors any debt that could be excepted from discharge asthey failed to prove any claim. (Bankr. S.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.

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Consumer opinion summary, case decided on November 08, 2023 , LexisNexis #0124-034

Harmony Holding Grp., In re

Ruling
Automatic stay in bankruptcy did not prevent the post-petition transfer of a deed to aforeclosure sale purchaser as the sale took place prior to the filing of the petition. (Bankr.E.D.N.Y.)
Issue(s)
Automatic Stay.

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Commercial opinion summary, case decided on November 07, 2023 , LexisNexis #0124-002

Gallagher, In re

Ruling
Trustee properly authorized the sale of the debtor's residential real property and distributionof the proceeds. (Bankr. E.D.N.Y.)
Issue(s)
Treatment of Certain Liens; Order of Distribution of Property Subject to Tax Liens;

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Consumer opinion summary, case decided on October 25, 2023 , LexisNexis #1223-091

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

Mims, In re--Hampton v. Mims

Ruling
Former employee's motion for reconsideration of a decision not to vacate the first contemptorder was denied as debtor had not prevented the employee from complying with the court'sorders while seeking judgment against him. (Bankr. N.D. Ga.)
Issue(s)
New Trials; Amendment of Judgments.

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Consumer opinion summary, case decided on September 27, 2023 , LexisNexis #1223-050

Marklin, In re--Kerin Enters. Holding Co. v. Marklin

Ruling
Debtor's discharge was denied where he had a duty to disclose his retained interest in thebook of business he co-owned with his former employer and failed to do so. (Bankr. E.D.N.Y.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.

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Commercial opinion summary, case decided on September 27, 2023 , LexisNexis #1223-015