Skip to main content

Page Banner(Taxonomy)

northern district of new york

Madigan, In re--Straight Line, LLC v. Madigan

Ruling
Full amount of damages for debtor's fraudulent misrepresentations was nondischargeable.(Bankr. N.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

ABI Membership is required to access the full summary of Madigan, In re--Straight Line, LLC v. Madigan Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 28, 2020 , LexisNexis #1020-033

Moore Props. of Person Cty., LLC, In re

Ruling
Debtor whose case was pending on effective date of Small Business Reorganization Act of2019 and qualified under the act could elect to proceed under subchapter V. (Bankr. M.D.N.C.)
Issue(s)
Confirmation of plan

ABI Membership is required to access the full summary of Moore Props. of Person Cty., LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on February 28, 2020 , LexisNexis #0420-070

Bennett, In re

Ruling
Separate classification of student loan claims and adoption of a permissible standard for fairdiscrimination in favor of student loan claims was unfairly discriminatory and prohibited.(Bankr. N.D.N.Y.)
Issue(s)
Contents of Plan; Discretionary Provisions; Designation of Classes of Unsecured

ABI Membership is required to access the full summary of Bennett, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 04, 2020 , LexisNexis #0320-045

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

ABI Membership is required to access the full summary of Donghee Choi, In re--Strategic Funding Source, Inc. v. Donghee Choi Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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.

ABI Membership is required to access the full summary of Herb Philipson's Army & Navy Stores, Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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.

ABI Membership is required to access the full summary of Etheridge, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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;

ABI Membership is required to access the full summary of DiStefano, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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.

ABI Membership is required to access the full summary of Charles, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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.

ABI Membership is required to access the full summary of Corkran, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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.

ABI Membership is required to access the full summary of Melnik, In re--Reddy v. Melnik Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

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