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
Sep
30
2019
DiStefano, In re
Ruling:
Bad faith is not grounds for denial of an exemption in debtor’s property. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on September 30,2019, LexisNexis #1119-081
Apr
15
2019
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.)
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Consumer case opionion summary, case decided on April 15,2019, LexisNexis #0619-063
Feb
25
2019
Corkran, In re
Ruling:
Court denied debtors' motion to reopen their chapter 7 case to amend their schedules and addan employment claim which was omitted as an asset in their original filing as they were theonly parties who stood to potentially benefit from reopening. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on February 25,2019, LexisNexis #0419-027
Sep
28
2017
N.Y. Light Energy, In re--Dribusch v. Gross Elec.
Ruling:
Trustee may avoid two transfers as they were made for an antecedent debt, made within 90 days of the filing of the petition, and debtor was insolvent at the time of the transfer. (Bankr. N.D.N.Y.)
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Commercial case opionion summary, case decided on September 28,2017, LexisNexis #1118-050
Sep
28
2018
Melnik, In re--Reddy v. Melnik
Ruling:
Debt was dischargeable as the plaintiffs failed to prove the requisite elements of materiality, reliance, and fraudulent intent. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-042
Aug
01
2018
Katsiroumbas, In re--Suits v. Katsiroumbas
Ruling:
Discharge was denied as documentary evidence produced by debtor was contradictory and incomplete, and thus insufficient to allow assessment of his financial condition, and testimony did not adequately resolve the ambiguities. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on August 01,2018, LexisNexis #0918-055
Jul
26
2018
Morse, In re--Estate of Rossi v. Morse
Ruling:
Debt excepted from discharge as debtor willfully and maliciously converted trust funds toher own use. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on July 26,2018, LexisNexis #0918-010
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