Roglieri, In re--Levine v. Roglieri
Aug
09
2024
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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Court
:
- 11 U.S.C.
Distefano, In re
Jul
03
2024
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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Court
:
Distefano, In re--Ehrlich v. Distefano
Aug
22
2023
Ruling
Settlement of an adversary proceeding in which the estate would receive more than half of themaximum potential recovery was approved based on the Iridium factors. (Bankr. N.D.N.Y.)
Issue(s)
Compromise and Arbitration.
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Court
:
- 11 U.S.C.
Hillman, In re
Jun
02
2023
Ruling
Debtor met her burden of proving eligibility for subchapter V of Chapter 11 as defense of commercial litigation was sufficient to demonstrate engagement in commercial or business activities. (Bankr. N.D.N.Y.)
Issue(s)
Definitions; Debtor; Persons Included
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Court
:
Levelbest, LLC, In re
Jan
13
2023
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.)
Issue(s)
Modification of Plan; Implied Acceptance or Rejection of Modification.
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Court
:
Distefano, In re
Sep
06
2022
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.)
Issue(s)
Compromise and Arbitration.
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Court
:
Southworth, In re
Dec
22
2021
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.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies
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Court
:
- 11 U.S.C.
DiStefano, In re
Sep
30
2019
Ruling
Bad faith is not grounds for denial of an exemption in debtor’s property. (Bankr. N.D.N.Y.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;
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Court
:
Charles, In re
Apr
15
2019
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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Court
:
Burbridge, In re
May
03
2018
Ruling
Court ruled that the right to voluntarily dismiss remained absolute. (Bankr. N.D.N.Y.)
Issue(s)
Conversion or Dismissal; Dismissal on Request of Debtor.
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Court
: