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
Nov
15
2021
Southworth, In re
Ruling:
Debtor's counsel did not withdraw the request for attorney's fee as the bankruptcy courtdetermined that the discharge injunction was violated. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on November 15,2021, LexisNexis #0122-042
Oct
14
2021
Regan, In re
Ruling:
Debtor's motion to remove trustee denied as trustee was required to investigate the financialaffairs of the debtor and the computer review was conducted pursuant to court order. (Bankr.N.D.N.Y.)
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Consumer case opionion summary, case decided on October 14,2021, LexisNexis #1221-027
Jan
22
2021
Southworth, In re
Ruling:
Continuation of a state court lawsuit would in itself cause harm to debtor and was not coveredby Taggart safe harbor. (Bankr. N.D.N.Y.)
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Commercial case opionion summary, case decided on January 22,2021, LexisNexis #0221-086
Jan
12
2021
Gurley Hous. Assocs., L.P., In re
Ruling:
Court declined to reduce attorney's fees under 11 U.S.C. § 303(i) billed to an individualrather than the debtor as legal work performed clearly flowed from the involuntary petition.(Bankr. N.D.N.Y.)
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Commercial case opionion summary, case decided on January 12,2021, LexisNexis #0221-052
Dec
11
2020
Jaynes, In re
Ruling:
State taxing authority not subject to sanctions for seeking to collect nondischargeablerestitution debt or penalty that it reasonably thought it could collect under the discharge order.(Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on December 11,2020, LexisNexis #0121-086
Nov
12
2020
Payack, In re
Ruling:
Debtor was entitled to an order finding County liable for an automatic stay violation in theform of a real property tax delinquency notice as it constituted a post-petition demand forpayment of a pre-petition debt. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on November 12,2020, LexisNexis #1220-083
Nov
04
2020
Southworth, In re
Ruling:
Debtor's sister and lawyer violated the discharge injunction through certain acts to collectdischarged debt from the debtor. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on November 04,2020, LexisNexis #1220-064
Sep
11
2020
O'Keefe, In re--Itria Ventures LLC v. O'Keefe
Ruling:
Court declined to hold creditor's entire claim nondischargeable as creditor failed to showhow its entire claim derived from a willful and malicious injury. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on September 11,2020, LexisNexis #1020-081
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