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northern district of new york

Southworth, In re

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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Consumer opinion summary, case decided on November 15, 2021 , LexisNexis #0122-042

Regan, In re

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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Consumer opinion summary, case decided on October 14, 2021 , LexisNexis #1221-027

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

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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Consumer opinion summary, case decided on May 27, 2021 , LexisNexis #0721-066

Blue, In re

Ruling
Debtor IT consultant met her burden to establish that she was eligible to elect application ofsubchapter V as she was engaged in commercial or business activities. (Bankr. M.D.N.C.)
Issue(s)
Definitions; Debtor; Persons Included.

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Consumer opinion summary, case decided on May 07, 2021 , LexisNexis #0721-044

Southworth, In re

Ruling
Continuation of a state court lawsuit would in itself cause harm to debtor and was not coveredby Taggart safe harbor. (Bankr. N.D.N.Y.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief.

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Commercial opinion summary, case decided on January 22, 2021 , LexisNexis #0221-086

Gurley Hous. Assocs., L.P., In re

Ruling
Court declined to reduce attorney's fees under 11 U.S.C. § 303(i) billed to an individualrather than the debtor as legal work performed clearly flowed from the involuntary petition.(Bankr. N.D.N.Y.)
Issue(s)
Involuntary Cases; Judgment upon Dismissal.

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Commercial opinion summary, case decided on January 12, 2021 , LexisNexis #0221-052

Jaynes, In re

Ruling
State taxing authority not subject to sanctions for seeking to collect nondischargeablerestitution debt or penalty that it reasonably thought it could collect under the discharge order.(Bankr. N.D.N.Y.)
Issue(s)
Effect of Discharge.

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Consumer opinion summary, case decided on December 11, 2020 , LexisNexis #0121-086

Payack, In re

Ruling
Debtor was entitled to an order finding County liable for an automatic stay violation in theform of a real property tax delinquency notice as it constituted a post-petition demand forpayment of a pre-petition debt. (Bankr. N.D.N.Y.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on November 12, 2020 , LexisNexis #1220-083

Southworth, In re

Ruling
Debtor's sister and lawyer violated the discharge injunction through certain acts to collectdischarged debt from the debtor. (Bankr. N.D.N.Y.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to

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Consumer opinion summary, case decided on November 04, 2020 , LexisNexis #1220-064

O'Keefe, In re--Itria Ventures LLC v. O'Keefe

Ruling
Court declined to hold creditor's entire claim nondischargeable as creditor failed to showhow its entire claim derived from a willful and malicious injury. (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 11, 2020 , LexisNexis #1020-081