Northern District

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

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

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

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

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

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

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

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

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

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.)
ABI Membership is required to access the full summary of Donghee Choi, In re--Strategic Funding Source, Inc. v. Donghee Choi. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 20,2019, LexisNexis #0120-086

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