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Northern District

In re Glenn

Before the court for decision in two cases filed under chapter 7 Code were objections filed by the chapter 7 Trustee pertaining to debtors' claim of a cash exemption in their respective income tax refunds.
Ruling: 
The 50/50 Refund Rule applied to cash exemption in tax refund.
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Consumer case opionion summary, case decided on May 19,2010, LexisNexis #0810-022

In re Albert Lindley Lee Mem. Hosp.

Debtor filed an Objection to Claim No. 179 filed by a claimant, the New York State Department of Labor, Unemployment Insurance Division.
Ruling: 
State's reimbursement claim for unemployment insurance compensation benefits was an excise tax entitled to priority.
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Commercial case opionion summary, case decided on May 07,2010, LexisNexis #0810-047

Economic Dev. Growth Enters. Corp. v. McDermott (In re McDermott)

Plaintiff creditors brought an adversary proceeding seeking a denial of discharge of a debt incurred by defendant debtor pursuant to 11 U.S.C.S. § 523(a)(4) and (a)(6).
Ruling: 
Debtor's officer's transfer from one corporation to another of which he was also an officer was not a breach of fiduciary duty and did not cause intentional injury.
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Consumer case opionion summary, case decided on May 04,2010, LexisNexis #0810-048

McCarthy v. Nandallal (In re Nandallal)

Chapter 7 trustee brought this adversary proceeding against defendant debtor to revoke his discharge pursuant to 11 U.S.C.S. §§ 727(d)(1) and (d)(2).
Ruling: 
Discharge revoked due to debtor's failure to report receipt of or surrender of post petition note payments.
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Consumer case opionion summary, case decided on May 03,2010, LexisNexis #0810-061

In re Adirondack Timber Enter.

Debtor filed a petition under chapter 11 of the Bankruptcy Code and operated its business of planting, maintaining, and selling evergreen trees as a debtor-in-possession. Movant creditors, a Delaware corporation and its subsidiary, a federal savings bank, filed a motion seeking relief under 11 U.S.C.S. § 362(d) from the stay that was imposed when the debtor declared bankruptcy. The debtor opposed the motion.
Ruling: 
Bank not entitled to repossess vehicles in which it did not hold a security interest.
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Commercial case opionion summary, case decided on April 28,2010, LexisNexis #0710-109

In re Lockenwitz

Debtors submitted a plan for confirmation. The successor secured creditor on the debtors' motor vehicle filed an objection to confirmation of the debtors' plan and a response to the trustee's motion to determine value of the collateral.
Ruling: 
Plan confirmation denied due to impermissible bifurcation of purchase money security interest in "910" vehicle.
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Consumer case opionion summary, case decided on April 27,2010, LexisNexis #0710-097

In re Wesseldine

In the chapter 13 debtors' proposed plan, movant, the counsel for the debtors, sought to carve out certain services out of the flat fee submitted in its disclosure pursuant to 11 U.S.C.S. § 329(a) and Fed. R. Bankr. P. 2016(b). The chapter 13 trustee filed an objection.
Ruling: 
Debtors' attorneys not entitled to fees in excess of initial flat fee.
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Consumer case opionion summary, case decided on March 08,2010, LexisNexis #0510-072

Planavsky v. County of Broome (In re Planavsky)

Plaintiff chapter 11 debtor filed an adversary proceeding against defendants, two counties, a city, and various towns, villages, and school districts, seeking a determination under 11 U.S.C.S. § 505 of the amount of real property taxes he owed. Several defendants filed motions to dismiss.
Ruling: 
Bankruptcy court lacked jurisdiction to determine state tax debt where debtor had not taken all necessary steps under state law.
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Consumer case opionion summary, case decided on February 17,2010, LexisNexis #0410-139

In re Burkhart

In a previous order, the court found that a creditor willfully violated the automatic stay imposed by a debtor's chapter 13 bankruptcy proceeding. The court held an evidentiary hearing on the issue of whether the debtor was entitled to an award of actual and punitive damages pursuant to 11 U.S.C.S. § 362(k). On its own motion, the court considered the imposition of sanctions on the debtor's attorney for violation of a scheduling order.
Ruling: 
Reasonable attorneys' fees but not punitive damages awarded for stay violation.
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Consumer case opionion summary, case decided on February 09,2010, LexisNexis #0410-045

Martyak v. Tioga County (In re Martyak)

In this adversary proceeding, plaintiff debtor sought recovery of title to real property and imposition of sanctions against defendants, a county, various county officials, and others involved in the auction sale of real property that had been owned by the debtor.
Ruling: 
Chapter 13 debtor's efforts to challenge auction sale of real property to satisfy delinquent real estate taxes denied.
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Consumer case opionion summary, case decided on February 05,2010, LexisNexis #0410-011

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