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northern district of new york

Morgan, In re

Ruling
No violation of discharge injunction in credit union's response to debtor's inquiry that alldelinquent account balances should be paid in full to reinstate or activate a new checkingaccount. (Bankr. N.D.N.Y.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.

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Consumer opinion summary, case decided on December 12, 2017 , LexisNexis #0118-077

Woody, In re

Ruling
Debtor's case dismissed as it was filed in response to a creditor's arbitration proceeding. (Bankr. M.D.N.C.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.

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Consumer opinion summary, case decided on December 08, 2017 , LexisNexis #0118-051

Constantine, In re

Ruling
Case dismissed after debtor failed to file a valid credit counseling certificate. (Bankr. N.D.N.Y.)
Issue(s)
Who May Be a Debtor; Mandatory Credit Counseling.

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Consumer opinion summary, case decided on November 30, 2017 , LexisNexis #0118-091

Young, In re--Miller v. Young

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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Consumer opinion summary, case decided on November 28, 2017 , LexisNexis #0118-026

Riley, In re

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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Consumer opinion summary, case decided on November 09, 2017 , LexisNexis #1217-058

Gleason, In re--Gleason v. United States Dep't of Educ.

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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Consumer opinion summary, case decided on October 06, 2017 , LexisNexis #1117-082

N.Y. Light Energy, In re--Dribusch v. Gross Elec.

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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Commercial opinion summary, case decided on September 28, 2017 , LexisNexis #1118-050

Harrington, In re

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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Consumer opinion summary, case decided on September 22, 2017 , LexisNexis #1017-100

Prisco, In re

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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Consumer opinion summary, case decided on August 14, 2017 , LexisNexis #0917-074

Romanowski, In re

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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Consumer opinion summary, case decided on August 04, 2017 , LexisNexis #1017-063