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northern district of new york

Canape, In re--Samp v. Canape

Ruling
Proceeding for denial of discharge dismissed as untimely. (Bankr. N.D.N.Y.)
Issue(s)
Discharge.

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Consumer opinion summary, case decided on August 30, 2024 , LexisNexis #1124-041

Roglieri, In re--Levine v. Roglieri

Ruling
Receiver lacked standing to pursue an adversary proceeding as that power was beyond thescope of the receivership order and subsequent state court decisions. (Bankr. N.D.N.Y.)
Issue(s)
Defenses and Objections -- When and How Presented -- By Pleading or Motion --

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Consumer opinion summary, case decided on August 09, 2024 , LexisNexis #1024-075

Roman Cath. Diocese of Ogdensburg, In re

Ruling
Court partially granted insurance company's motion to seal documents as the allegations werescandalous and the court needed to protect the identities of sexual abuse claimants. (Bankr.N.D.N.Y.)
Issue(s)
Public Access to Papers; Protective Orders.

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Commercial opinion summary, case decided on July 30, 2024 , LexisNexis #0924-078

Distefano, In re

Ruling
Creditor's motion seeking clarification of the automatic stay in light of the Fogarty decisionwas moot as the debtor had already been discharged and the creditor never sought personalliability against the debtor. (Bankr. N.D.N.Y.)
Issue(s)
Effect of Discharge.

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Consumer opinion summary, case decided on July 03, 2024 , LexisNexis #0924-012

Letennier, In re

Ruling
Creditor was entitled to relief from the automatic stay as there was no equity in the debtor'sproperty and the debtor failed to provide for repayment of the claim in his Chapter 13 plan.(Bankr. N.D.N.Y.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Consumer opinion summary, case decided on April 11, 2024 , LexisNexis #0624-055

Letennie, In re

Ruling
Debtor's objection to a claim that represented a default judgment against debtor was withoutmerit as the claim was filed in compliance with Rule 3001. (Bankr. N.D.N.Y.)
Issue(s)
Proof of Claim.

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Consumer opinion summary, case decided on April 02, 2024 , LexisNexis #0624-073

Adams, In re

Ruling
Modification of debtor's confirmed plan to require turnover of net proceeds of theunanticipated sale of debtor's property above the exemption amount was permitted. (Bankr.M.D.N.C.)
Issue(s)
Modification of Plan After Confirmation; Types of Modification Allowed.

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Consumer opinion summary, case decided on November 03, 2023 , LexisNexis #0124-049

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.)
Issue(s)
Automatic Stay; Scope.

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Consumer opinion summary, case decided on November 01, 2023 , LexisNexis #0124-003

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.)
Issue(s)
Appointment of Trustee or Examiner.

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Consumer opinion summary, case decided on September 20, 2023 , LexisNexis #1123-068

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.)
Issue(s)
Turnover of Property to the Estate; Delivery of Property to Trustee.

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Consumer opinion summary, case decided on August 30, 2023 , LexisNexis #1023-090