- 11 U.S.C.
Young, In re--Miller v. Young
Nov
28
2017
Ruling
Debtors were ineligible to have their debts discharged for hiring a company to auctionpersonal property without the court's permission. (Bankr. M.D.N.C.)
Issue(s)
Discharge; Grounds for Denial; Fraudulent Transfer or Concealment of Property.
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Court
:
- 28 U.S.C.
Riley, In re
Nov
09
2017
Ruling
An LLC purchasing real property at a foreclosere sale from chapter 7 debtors after the debtors were discharged but before the case was closed was not considered as a party in interest with standing to have an automatic stay on said property annulled. (Bankr. N.D.N.Y.)
Issue(s)
Appeals; Jurisdiction of Courts of Appeals; Certification; Factors.
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Court
:
- 11 U.S.C.
Gleason, In re--Gleason v. United States Dep't of Educ.
Oct
06
2017
Ruling
Court would not discharge retired debtor's student loan as he made no good faith effort torepay the loans while making discretionary expenditures. (Bankr. N.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.
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Court
:
- 11 U.S.C.
N.Y. Light Energy, In re--Dribusch v. Gross Elec.
Sep
28
2017
Ruling
Trustee may avoid two transfers as they were made for an antecedent debt, made within 90 days of the filing of the petition, and debtor was insolvent at the time of the transfer. (Bankr. N.D.N.Y.)
Issue(s)
Preferences.
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Court
:
Harrington, In re
Sep
22
2017
Ruling
debtors were allowed to avoid all judicial liens creditors had placed on two parcels of real property the husband owned outright or as a remainderman. (Bankr. N.D.N.Y.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.
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Court
:
- 11 U.S.C.
Prisco, In re
Aug
14
2017
Ruling
Mortgage foreclosure action did not violate the discharge injunction as a mortgage was not apersonal liability of the Debtor. (Bankr. N.D.N.Y.)
Issue(s)
Effect of Discharge.
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Court
:
- 11 U.S.C.
Romanowski, In re
Aug
04
2017
Ruling
Court denied debtor's application for a permanent waiver of the prepetition credit counselingrequirement and the financial management course. (Bankr. N.D.N.Y.)
Issue(s)
Who May Be a Debtor; Mandatory Credit Counseling; Approved Nonprofit Agency.
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Court
:
- 11 U.S.C.
Sharak, In re
May
18
2017
Ruling
Debtor's motion against loan servicer seeking sanctions against it for civil contempt grantedwhere mortgage statements from the servicer constituted a violation of the dischargeinjunction. (Bankr. N.D.N.Y.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to
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Court
:
- 11 U.S.C.
Sherman, In re--Baggett v. Sherman
Mar
07
2017
Ruling
Debt was dischargeable although debtor committed defalcation while acting in fiduciary capacity as creditor failed to show that debtor was aware of his obligations as a fiduciary. (Bankr. N.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.
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Court
:
In re Griffin
Jan
04
2017
Ruling
Court issued show cause order to debtor's attorney for failure to review and ensure thatdeclarations filed in the court were accurate and true. (Bankr. M.D.N.C.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of Papers.
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Court
: