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
Jan
13
2023
Levelbest, LLC, In re
Ruling:
Motion to reconsider confirmation of debtor's Chapter 11 small business plan as unopposedgranted as the secured creditor's opposition to the original plan constituted a rejection of theamended plan. (Bankr. N.D.N.Y.)
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Commercial case opionion summary, case decided on January 13,2023, LexisNexis #0323-071
Sep
23
2022
Hall, In re--Brennan v. Hall
Ruling:
Debt was dischargeable where creditor was aware of debtor's qualifications at the time of hireand debtor's failure to obtain permits did not reflect a knowing misrepresentation even if itmight have been a breach of contract. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on September 23,2022, LexisNexis #1122-084
Sep
06
2022
Distefano, In re
Ruling:
Chapter 7 trustee was denied his request to approve a settlement of his adversary proceedingagainst debtor and his non-debtor spouse. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on September 06,2022, LexisNexis #1122-050
Jun
23
2022
Defazio, In re--Presbyterian Home for Cent. NY, Inc. v. Defazio
Ruling:
Debt was dischargeable as the debtor did not have knowledge of the improper nature of herpurported fiduciary behavior. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on June 23,2022, LexisNexis #0822-035
Jun
24
2022
McGuire, In re
Ruling:
Inheritance could not be claimed as exempt as the wildcard exemption could have been usedto protect any kind of property up to a certain amount and the inheritance was not one of theexceptions listed in § 522(c). (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on June 24,2022, LexisNexis #0822-045
May
26
2022
Barden, In re
Ruling:
City's provision of payment information pursuant to a request by the debtor did not violatethe automatic stay. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on May 26,2022, LexisNexis #0722-056
Mar
22
2022
Canape, In re
Ruling:
Court extended the deadline for the creditor to object to the debtor's discharge as debtor'sattestation that he was unemployed was false and he failed to list several businesses in whichhe had an ownership interest. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on March 22,2022, LexisNexis #0522-074
Dec
22
2021
Southworth, In re
Ruling:
Debtor's attorney was entitled to sanctions against the creditors' attorney as numerous docketentries in the case did not support the contention that the debtor failed to prosecuteproceeding for violation of the discharge injunction. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on December 22,2021, LexisNexis #0222-075
Dec
14
2021
Kelly, In re
Ruling:
Debtors' objection to IRS claim overruled. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on December 14,2021, LexisNexis #0222-029
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