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eastern district of new york

Plasterer, In re

Ruling
Debtor had not demonstrated that a stay was warranted as he failed to satisfy any of the fourfactors courts consider in determining whether to grant or deny a stay pending appeal. (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 25, 2023 , LexisNexis #1223-025

BinaNat Cap., LLC, In re

Ruling
Court concluded that any defect in the involuntary petition due to the omission of a /s/signature for one of the petitioning creditors had been cured by counsel's obtaining the "wetink" signatures. (Bankr. N.D. Ga.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies

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Commercial opinion summary, case decided on September 22, 2023 , LexisNexis #1123-074

Savva's Rest., Inc., In re--TD Bank, N.A. v. KB Ins. Co.

Ruling
Bank was entitled to a declaration that it had a right to payment under the policy as the bankheld a separate insurable interest in the debtor's property pursuant to amounts disbursed ondebtor’s behalf. (Bankr. E.D.N.Y.)
Issue(s)
Obtaining Credit; Authorization After Notice and Hearing.

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Commercial opinion summary, case decided on September 21, 2023 , LexisNexis #1123-081

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

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

Gilad, In re--Doyaga v. Assaf Fitoussi

Ruling
Cause of action for breach of fiduciary duty was timely due to state executive orders tolling allstatutes of limitations during the COVID-19 emergency and the tolling provision of theBankruptcy Code. (Bankr. E.D.N.Y.)
Issue(s)
Extension of Time.

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Consumer opinion summary, case decided on September 03, 2023 , LexisNexis #1023-077

Chunton, In re--Sarikaputar v. Chunton

Ruling
Discharge was denied as debtor had made multiple false statements in her schedules andexhibited a reckless indifference to the truth sufficient to establish fraudulent intent. (Bankr.E.D.N.Y.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.

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Consumer opinion summary, case decided on August 24, 2023 , LexisNexis #1123-017

720 Livonia Dev. LLC, In re

Ruling
Claim was barred by res judicata due to a final, adverse state court judgment and the objectionto the claim was not barred by the law of the case doctrine. (Bankr. E.D.N.Y.)
Issue(s)
Allowance of Claims or Interests.

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Commercial opinion summary, case decided on August 22, 2023 , LexisNexis #1023-030

Brancato, In re

Ruling
Debtor's ex-wife could not obtain relief in the bankruptcy case on account of claimspreviously denied in state court. (Bankr. E.D.N.Y.)
Issue(s)
Allowance of Claims or Interests; Disallowance.

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Consumer opinion summary, case decided on August 09, 2023 , LexisNexis #0923-086

Khan, In re--Panjwani v. Khan

Ruling
Debtors' joint and several debts to the judgment creditor for civil conspiracy were exceptedfrom their discharges. (Bankr. S.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on July 18, 2023 , LexisNexis #0923-034