- 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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- 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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:
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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:
Kohout v. Nationstar Mortg., LLC (In re Kohout)
Nov
10
2016
Ruling
Disallowance of proof of claim on procedural grounds did not void creditor’s lien. (Bankr. N.D.N.Y.)
Issue(s)
Determination of Secured Status; Liens Securing Disallowed Claims Void.
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Conti v. Coastal Warranty, LLC (In re NC & VA Warranty Co.)
Aug
18
2016
Ruling
Prepetition transfers to re-insurer were avoidable as preferential. (Bankr. M.D.N.C.)
Issue(s)
Should debtor’s prepetition transfers to re-insurer be avoided as preferential?
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:
- 11 U.S.C.
Ladouceur v. Boutin (In re Boutin)
Aug
11
2016
Ruling
Judgment for assault and reckless endangerment was nondischargeable. (Bankr. N.D.N.Y.)
Issue(s)
Was assault and battery grounds for nondischargeability of debt on grounds of willful and malicious injury?
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:
- 11 U.S.C.
In re Powers
Jul
13
2016
Ruling
Confirmation of debtor’s third amended plan denied as the plan was not proposed in goodfaith. (Bankr. N.D.N.Y.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Plan Proposed in Good Faith.
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:
- 11 U.S.C.
Nightingale v. N.C. State Educ. Assistance Auth. (In re Nightingale)
Apr
14
2016
Ruling
Disabled debtor whose condition was unlikely to change granted undue hardship discharge of student loan debt.
Issue(s)
Was disabled debtor entitled to an undue hardship discharge of student loan debt?
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Harrington v. Beaudry (In re Beaudry)
Apr
08
2016
Ruling
Discharge denied due to debtor's fraudulent transfers and concealment.
Issue(s)
Should debtor's discharge be denied due to alleged fraudulent transfers and concealment of assets?
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- 11 U.S.C.
Fangio v. DivLend Equip. Leasing LLC (In re AJAX Integrated LLC)
Mar
23
2016
Ruling
Creditor that had adequate remedy at law and had lacked due diligence in pursuing claim denied equitable remedy that would defeat trustee's avoidance powers.
Issue(s)
Whether the court should recognize an equitable remedy that would defeat the Trustee's avoidance powers.
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