- 11 U.S.C.
Donghee Choi, In re--Strategic Funding Source, Inc. v. Donghee Choi
Dec
20
2019
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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Herb Philipson's Army & Navy Stores, Inc., In re
Dec
19
2019
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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- 11 U.S.C.
Etheridge, In re
Dec
10
2019
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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:
- 11 U.S.C.
DiStefano, In re
Sep
30
2019
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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Charles, In re
Apr
15
2019
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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Corkran, In re
Feb
25
2019
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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Melnik, In re--Reddy v. Melnik
Sep
28
2018
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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Katsiroumbas, In re--Suits v. Katsiroumbas
Aug
01
2018
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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Morse, In re--Estate of Rossi v. Morse
Jul
26
2018
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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Caswell, In re
Jul
02
2018
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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