Jan
22
2021
Southworth, In re
Ruling:
Continuation of a state court lawsuit would in itself cause harm to debtor and was not coveredby Taggart safe harbor. (Bankr. N.D.N.Y.)
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Commercial case opionion summary, case decided on January 22,2021, LexisNexis #0221-086
Jan
12
2021
Gurley Hous. Assocs., L.P., In re
Ruling:
Court declined to reduce attorney's fees under 11 U.S.C. § 303(i) billed to an individualrather than the debtor as legal work performed clearly flowed from the involuntary petition.(Bankr. N.D.N.Y.)
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Commercial case opionion summary, case decided on January 12,2021, LexisNexis #0221-052
Dec
11
2020
Jaynes, In re
Ruling:
State taxing authority not subject to sanctions for seeking to collect nondischargeablerestitution debt or penalty that it reasonably thought it could collect under the discharge order.(Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on December 11,2020, LexisNexis #0121-086
Nov
12
2020
Payack, In re
Ruling:
Debtor was entitled to an order finding County liable for an automatic stay violation in theform of a real property tax delinquency notice as it constituted a post-petition demand forpayment of a pre-petition debt. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on November 12,2020, LexisNexis #1220-083
Nov
04
2020
Southworth, In re
Ruling:
Debtor's sister and lawyer violated the discharge injunction through certain acts to collectdischarged debt from the debtor. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on November 04,2020, LexisNexis #1220-064
Sep
11
2020
O'Keefe, In re--Itria Ventures LLC v. O'Keefe
Ruling:
Court declined to hold creditor's entire claim nondischargeable as creditor failed to showhow its entire claim derived from a willful and malicious injury. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on September 11,2020, LexisNexis #1020-081
Aug
28
2020
Madigan, In re--Straight Line, LLC v. Madigan
Ruling:
Full amount of damages for debtor's fraudulent misrepresentations was nondischargeable.(Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on August 28,2020, LexisNexis #1020-033
Feb
04
2020
Bennett, In re
Ruling:
Separate classification of student loan claims and adoption of a permissible standard for fairdiscrimination in favor of student loan claims was unfairly discriminatory and prohibited.(Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on February 04,2020, LexisNexis #0320-045
Dec
19
2019
Herb Philipson's Army & Navy Stores, Inc., In re
Ruling:
Conversion of Chapter 11 case to Chapter 7 was granted where debtor's efforts to reorganizewere unsuccessful and resulted in a liquidation rather than a reorganization proceeding.(Bankr. N.D.N.Y.)
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Commercial case opionion summary, case decided on December 19,2019, LexisNexis #0220-020
Dec
20
2019
Donghee Choi, In re--Strategic Funding Source, Inc. v. Donghee Choi
Ruling:
Debt deemed nondischargeable for debtor's express and material misrepresentation. (Bankr.N.D.N.Y.)
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Consumer case opionion summary, case decided on December 20,2019, LexisNexis #0120-086
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