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
May
08
2018
Madigan, In re--Straight Line, LLC v. Madigan
Ruling:
Court ruled debt was nondischargeable where debtor confessed his embezzlement andintended for the plaintiffs to suffer a loss equal to the amount of cash he willfully embezzled.(Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on May 08,2018, LexisNexis #0618-047
May
03
2018
Burbridge, In re
Ruling:
Court ruled that the right to voluntarily dismiss remained absolute. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on May 03,2018, LexisNexis #0618-022
Mar
08
2018
Miller, In re
Ruling:
Debtor's case dismissed as he has failed to provide all information requested and failed to appear for multiple continuations of the first meeting of creditors. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on March 08,2018, LexisNexis #0418-049
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