Nov
01
2023
Singe, In re
Ruling:
Motion to lift the stay and permit the state court actions to continue granted as a determinationof liability and liquidation of the parties' claims was a necessary precondition. (Bankr.N.D.N.Y.)
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Consumer case opionion summary, case decided on November 01,2023, LexisNexis #0124-003
Sep
20
2023
Marshall, In re
Ruling:
Appointment of a Chapter 11 trustee was warranted as financial advisor to whom debtor hadceded control over business was not able to act as an independent fiduciary. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on September 20,2023, LexisNexis #1123-068
Aug
30
2023
McCaffery, In re
Ruling:
Chapter 7 trustee was entitled to turnover as debtor failed to credibly explain or account forwhat he did with cash withdrawals from two LLC's he was 100% owner of in the 11 daysleading up to the petition date. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on August 30,2023, LexisNexis #1023-090
Aug
22
2023
Distefano, In re--Ehrlich v. Distefano
Ruling:
Settlement of an adversary proceeding in which the estate would receive more than half of themaximum potential recovery was approved based on the Iridium factors. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on August 22,2023, LexisNexis #1023-050
Aug
14
2023
Manderson, In re
Ruling:
Notice did not excuse the late-filing of the creditor's claim and/or act as a legal waiver of thetrustee's right to object to the claim. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on August 14,2023, LexisNexis #1023-031
Jul
28
2023
Marshall, In re
Ruling:
Evidentiary hearing was warranted regarding possible appointment of Chapter 11 trustee dueto debtor's pre-petition conduct and closely held nature of the underlying business. (Bankr.N.D.N.Y.)
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Consumer case opionion summary, case decided on July 28,2023, LexisNexis #0923-067
Jul
19
2023
Sorbello, In re
Ruling:
Debtor seeking confirmation of an amended Chapter 13 plan sufficiently established throughtestimony and corroborating documents that the debtor proposed the plan in good faith.(Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on July 19,2023, LexisNexis #0923-042
May
31
2023
Olson, In re
Ruling:
Chapter 13 debtor properly claimed his exemption in a workers' compensation settlement but the portion of the award representing reduced wages during the plan's applicable commitment period had to be included in calculating debtor's projected disposable income. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on May 31,2023, LexisNexis #0723-096
Jun
02
2023
Hillman, In re
Ruling:
Debtor met her burden of proving eligibility for subchapter V of Chapter 11 as defense of commercial litigation was sufficient to demonstrate engagement in commercial or business activities. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on June 02,2023, LexisNexis #0823-016
Jan
26
2023
Mazloom, In re--Mazloom v. Navient Sols., LLC
Ruling:
Private student loan was incurred to cover qualified education expenses of the debtor and soconstituted a nondischargeable debt. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on January 26,2023, LexisNexis #0323-089