- 11 U.S.C.
McGuire, In re
Jun
24
2022
Ruling
Inheritance could not be claimed as exempt as the wildcard exemption could have been usedto protect any kind of property up to a certain amount and the inheritance was not one of theexceptions listed in § 522(c). (Bankr. N.D.N.Y.)
Issue(s)
Confirmation of Plan.
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Court
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- 11 U.S.C.
Defazio, In re--Presbyterian Home for Cent. NY, Inc. v. Defazio
Jun
23
2022
Ruling
Debt was dischargeable as the debtor did not have knowledge of the improper nature of herpurported fiduciary behavior. (Bankr. N.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or
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Barden, In re
May
26
2022
Ruling
City's provision of payment information pursuant to a request by the debtor did not violatethe automatic stay. (Bankr. N.D.N.Y.)
Issue(s)
Automatic Stay; Remedies for Violation.
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:
- 11 U.S.C.
Portuesi, In re--Portuesi v. Bank of N.Y. Mellon
Apr
22
2022
Ruling
Defendant did not violate the codebtor stay as recording deed of trust was not an act tocollect a debt. (Bankr. M.D.N.C.)
Issue(s)
Stay of Action Against Codebtor.
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Canape, In re
Mar
22
2022
Ruling
Court extended the deadline for the creditor to object to the debtor's discharge as debtor'sattestation that he was unemployed was false and he failed to list several businesses in whichhe had an ownership interest. (Bankr. N.D.N.Y.)
Issue(s)
Grant or Denial of Discharge; Extension of Time; Motion to Extend Time for
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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.
Kelly, In re
Dec
14
2021
Ruling
Debtors' objection to IRS claim overruled. (Bankr. N.D.N.Y.)
Issue(s)
Allowance of Claims or Interests.
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:
- 11 U.S.C.
Southworth, In re
Nov
15
2021
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.)
Issue(s)
Effect of Discharge.
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:
- 11 U.S.C.
Regan, In re
Oct
14
2021
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.)
Issue(s)
Removal of Trustee or Examiner.
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:
- 11 U.S.C.
Portuesi, In re--Portuesi v. Bank of N.Y. Mellon Trust Co., N.A.
May
27
2021
Ruling
Dismissal denied as the trustee failed to carry the burden of proving by a preponderance ofthe evidence that cause existed to convert or dismiss the case. (Bankr. M.D.N.C.)
Issue(s)
Stay of Action Against Codebtor.
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