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northern district of new york

Levelbest, LLC, In re

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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Commercial opinion summary, case decided on January 13, 2023 , LexisNexis #0323-071

Hall, In re--Brennan v. Hall

Ruling
Debt was dischargeable where creditor was aware of debtor's qualifications at the time of hireand debtor's failure to obtain permits did not reflect a knowing misrepresentation even if itmight have been a breach of contract. (Bankr. N.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on September 23, 2022 , LexisNexis #1122-084

Distefano, In re

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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Consumer opinion summary, case decided on September 06, 2022 , LexisNexis #1122-050

McGuire, In re

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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Consumer opinion summary, case decided on June 24, 2022 , LexisNexis #0822-045

Defazio, In re--Presbyterian Home for Cent. NY, Inc. v. Defazio

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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Consumer opinion summary, case decided on June 23, 2022 , LexisNexis #0822-035

Barden, In re

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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Consumer opinion summary, case decided on May 26, 2022 , LexisNexis #0722-056

Portuesi, In re--Portuesi v. Bank of N.Y. Mellon

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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Consumer opinion summary, case decided on April 22, 2022 , LexisNexis #0622-067

Canape, In re

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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Consumer opinion summary, case decided on March 22, 2022 , LexisNexis #0522-074

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.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies

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Consumer opinion summary, case decided on December 22, 2021 , LexisNexis #0222-075

Kelly, In re

Ruling
Debtors' objection to IRS claim overruled. (Bankr. N.D.N.Y.)
Issue(s)
Allowance of Claims or Interests.

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Consumer opinion summary, case decided on December 14, 2021 , LexisNexis #0222-029