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northern district of new york

Donghee Choi, In re--Strategic Funding Source, Inc. v. Donghee Choi

Ruling
Debt deemed nondischargeable for debtor's express and material misrepresentation. (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 December 20, 2019 , LexisNexis #0120-086

Herb Philipson's Army & Navy Stores, Inc., In re

Ruling
Conversion of Chapter 11 case to Chapter 7 was granted where debtor's efforts to reorganizewere unsuccessful and resulted in a liquidation rather than a reorganization proceeding.(Bankr. N.D.N.Y.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.

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Commercial opinion summary, case decided on December 19, 2019 , LexisNexis #0220-020

Etheridge, In re

Ruling
Court did not need to determine the amount of any fees as the fee application would bedenied as a result of the attorney's violations. (Bankr. M.D.N.C.)
Issue(s)
Compensation of Officers.

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Consumer opinion summary, case decided on December 10, 2019 , LexisNexis #0120-056

DiStefano, In re

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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Consumer opinion summary, case decided on September 30, 2019 , LexisNexis #1119-081

Charles, In re

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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Consumer opinion summary, case decided on April 15, 2019 , LexisNexis #0619-063

Corkran, In re

Ruling
Court denied debtors' motion to reopen their chapter 7 case to amend their schedules and addan employment claim which was omitted as an asset in their original filing as they were theonly parties who stood to potentially benefit from reopening. (Bankr. N.D.N.Y.)
Issue(s)
Closing and Reopening Cases; When to Reopen.

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Consumer opinion summary, case decided on February 25, 2019 , LexisNexis #0419-027

Melnik, In re--Reddy v. Melnik

Ruling
Debt was dischargeable as the plaintiffs failed to prove the requisite elements of materiality, reliance, and fraudulent intent. (Bankr. N.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on September 28, 2018 , LexisNexis #1118-042

Katsiroumbas, In re--Suits v. Katsiroumbas

Ruling
Discharge was denied as documentary evidence produced by debtor was contradictory and incomplete, and thus insufficient to allow assessment of his financial condition, and testimony did not adequately resolve the ambiguities. (Bankr. N.D.N.Y.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on August 01, 2018 , LexisNexis #0918-055

Morse, In re--Estate of Rossi v. Morse

Ruling
Debt excepted from discharge as debtor willfully and maliciously converted trust funds toher own use. (Bankr. N.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on July 26, 2018 , LexisNexis #0918-010

Caswell, In re

Ruling
Motion to dismiss amended complaint denied in part where plaintiffs' failure to name the real party in interest was neither tactical nor dishonest and did not subject defendants to additional liability. (Bankr. M.D.N.C.)
Issue(s)
Determination of Dischargeability of a Debt; Persons Entitled to File Complaint.

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Consumer opinion summary, case decided on July 02, 2018 , LexisNexis #0818-060