Northern District

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.)
ABI Membership is required to access the full summary of Jaynes, In re. 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 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.)
ABI Membership is required to access the full summary of Payack, In re. 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 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.)
ABI Membership is required to access the full summary of Southworth, In re. 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 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.)
ABI Membership is required to access the full summary of O'Keefe, In re--Itria Ventures LLC v. O'Keefe. 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 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.)
ABI Membership is required to access the full summary of Madigan, In re--Straight Line, LLC v. Madigan. 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 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.)
ABI Membership is required to access the full summary of Bennett, In re. 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 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.)
ABI Membership is required to access the full summary of Herb Philipson's Army & Navy Stores, Inc., In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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

DiStefano, In re

Ruling: 
Bad faith is not grounds for denial of an exemption in debtor’s property. (Bankr. N.D.N.Y.)
ABI Membership is required to access the full summary of DiStefano, In re. 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 September 30,2019, LexisNexis #1119-081

Charles, In re

Ruling: 
Motion to dismiss in adversary proceeding granted where creditor's complaint did not containadditional facts regarding debtor's non-payment from which a court could infer fraudulentintent. (Bankr. N.D.N.Y.)
ABI Membership is required to access the full summary of Charles, In re. 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 April 15,2019, LexisNexis #0619-063

Pages

Subscribe to Northern District