Prisco, In re
Feb
08
2018
Ruling
Debtor's motion for reconsideration denied where creditor properly opposed each and everyalleged violation of the discharge injunction. (Bankr. N.D.N.Y.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief.
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Court
:
Constantine, In re
Nov
30
2017
Ruling
Case dismissed after debtor failed to file a valid credit counseling certificate. (Bankr. N.D.N.Y.)
Issue(s)
Who May Be a Debtor; Mandatory Credit Counseling.
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Court
:
- 11 U.S.C.
N.Y. Light Energy, In re--Dribusch v. Gross Elec.
Sep
28
2017
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.)
Issue(s)
Preferences.
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Court
:
- 11 U.S.C.
Prisco, In re
Aug
14
2017
Ruling
Mortgage foreclosure action did not violate the discharge injunction as a mortgage was not apersonal liability of the Debtor. (Bankr. N.D.N.Y.)
Issue(s)
Effect of Discharge.
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Court
:
In re Lizzi
Apr
03
2015
Ruling
Deceased debtors were entitled to hardship discharges.
Issue(s)
Whether a deceased debtor may obtain a hardship discharge?
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Court
:
- 11 U.S.C.
Cottini v. Blanchard (In re Blanchard)
Aug
22
2014
Ruling
Less than stellar record-keeping from which debtor's financial condition could still be ascertained was not grounds for dismissal.
Issue(s)
Should case be dismissed due to debtor's failure to keep adequate records?
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Court
:
Woodard v. PSEG Techs. Asset Mgmt. Co. LLC (In re Tougher Indus.)
Oct
10
2013
Ruling
Safe harbor provision applied to payments made by debtor in settlement of leveraged buy out of debtor's predecessor.
Issue(s)
Whether transferees were entitled to summary judgment on complaint emanating from a prepetition leveraged buyout (LBO) of debtor's predecessor in which a chapter 11 trustee sought to avoid and recover, as fraudulent conveyances, the buyout payments made to transferees for debtor's stock.
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Court
:
- 11 U.S.C.
Chaffee v. Chaffee (In re Chaffee)
Sep
03
2013
Ruling
Judgment for debtor's endangerment of juvenile daughter's welfare was nondischargeable.
Issue(s)
Whether a daughter's judgment debt against a debtor was nondischargeable under 11 U.S.C.S. § 523(a)(6), where the debtor pled guilty to endangering the welfare of a child and the daughter was awarded a civil award against the debtor after the debtor failed to prevent the sexual abuse of the daughter by her stepfather.
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Court
:
In re Debenedetto
Jul
23
2013
Ruling
Purchaser of real estate tax lien was a creditor with a valid tax claim.
Procedural posture
Chapter 13 debtors objected to claims filed in their respective cases by the purchaser of real property tax liens.
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Court
:
- 11 U.S.C.
Ross v. Wolpe (In re Wolpe)
Apr
18
2013
Ruling
Discharge denied due to multiple omissions and false statements.
Procedural posture
Judgment creditors filed an adversary action against chapter 7 debtors alleging multiple omissions and false statements within the debtors' petition, schedules, and statement of financial affairs (SOFA). The complaint alleged that debtors violated 11 U.S.C.S. § 727(a)(4)(A) and (B), and their discharge should be denied.
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Court
: