Aug
28
2019
Ditech Holding Corp., In re
Ruling:
Confirmation of second amended plan was denied to the extent that it purported to limitconsumer creditors' ability to assert rights of recoupment against the buyers of planned saletransactions under applicable non-bankruptcy law. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on August 28,2019, LexisNexis #1019-068
Aug
21
2019
Velez, In re
Ruling:
Chapter 7 trustee had standing to seek to reopen the case where debtor was a plaintiff in a pre-petition personal injury case that he failed to disclose in his bankruptcy case. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on August 21,2019, LexisNexis #1019-051
Aug
14
2019
A&P, In re
Ruling:
Court did not have the power to waive or extend the statute of limitations where debtors haddone nothing to mislead movant as to the statutory deadline. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on August 14,2019, LexisNexis #1019-025
Aug
12
2019
Durr Mech. Constr., In re
Ruling:
Automatic stay extension to non-debtor insurers was warranted as continuation of state courtlitigation against the insurers would have an adverse economic impact on the estate and itsunsecured creditors. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on August 12,2019, LexisNexis #1019-003
Jul
29
2019
Westinghouse Elec. Co. LLC v. S.C. Pub. Serv. Auth
Ruling:
Creditor's motion to dismiss adversary proceeding for lack of subject matter jurisdictiondenied as the disputes implicated the bankruptcy court's prior orders and the transactionsapproved by the court. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on July 29,2019, LexisNexis #0919-098
Jul
29
2019
Rea, In re
Ruling:
Discrimination against transgender creditor by debtor was sufficient to support a finding ofwillful injury for purposes of 11 U.S.C. §523(a)(6). (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on July 29,2019, LexisNexis #0919-082
Jul
10
2019
Motors Liquidation Co., In re
Ruling:
Court held that the new company could not be liable for punitive damages based solely ondebtor's conduct under a successor liability theory. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on July 10,2019, LexisNexis #0919-031
Jul
17
2019
Gaulsh, In re
Ruling:
Debtor was not entitled to recovery of surplus from Department of Taxation and Finance claimunless and until all timely and untimely claims were paid in full with interest. (Bankr.S.D.N.Y.)
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Consumer case opionion summary, case decided on July 17,2019, LexisNexis #0919-032
Jul
11
2019
Frankl, In re--Combined Res. Interior, Inc. v. Frankl
Ruling:
No extraordinarily circumstances warranted equitable tolling of the 60-day period as creditorfailed to establish that it acted with reasonable diligence in prosecuting the non-dischargeability action. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on July 11,2019, LexisNexis #0919-034
Jun
24
2019
Marcano, In re
Ruling:
Automatic stay did not go into effect on the petition date as debtor had two cases pendingwithin the prior year. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on June 24,2019, LexisNexis #0819-080
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