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northern district of new york

Hughes, In re--Hughes v. MTGLQ Invs., LP

Ruling
Reactivating reformation action and instituting foreclosure proceedings did not violate the discharge injunction as these actions sought to enforce creditors' in rem rights. (Bankr. M.D.N.C.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief.

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Commercial opinion summary, case decided on December 27, 2024 , LexisNexis #0325-006

Schamens, In re--Cournoyer v. Schamens

Ruling
Court declined to stay proceeding seeking denial of discharge pending resolution of prepetition criminal case as there was a lack of substantial similarity between the issues raised in the two proceedings. (Bankr. M.D.N.C.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on December 13, 2024 , LexisNexis #0325-068

Roman Catholic Diocese of Syracuse, In re

Ruling
The U.S. Supreme Court’s decision in Turk finding that insurers were “parties in interest” in Chapter 11 cases did not eliminate Article III and prudential standing requirements. (Bankr. N.D.N.Y.)
Issue(s)
Right to Be Heard; Parties in Interest.

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Commercial opinion summary, case decided on December 09, 2024 , LexisNexis #0225-070

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