Oct
08
2019
Sillerman, In re
Ruling:
Cause existed to appoint a Chapter 11 trustee or convert to Chapter 7 due to debtor's failure tocomply with provisions of the Bankruptcy Code and debtor's failure to make required filings.(Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on October 08,2019, LexisNexis #1219-020
Sep
30
2019
Brody, In re--William M. Bryan, Inc. v. Brody
Ruling:
Debt was nondischargeable where debtor was acting in a fiduciary capacity when heimproperly diverted the trust funds to himself. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on September 30,2019, LexisNexis #1119-087
Sep
20
2019
Allard, In re
Ruling:
Chapter 7 trustee exercised appropriate judgment in recommending that proposed sales beapproved where liquidation of the properties was necessary to maximize the value of debtor'sestate. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on September 20,2019, LexisNexis #1119-032
Sep
10
2019
Waypoint Leasing Holdings, In re
Ruling:
Losing bidder as assignee of debtor lacked standing to challenge sale of assets to good faithpurchaser. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on September 10,2019, LexisNexis #1119-003
Sep
10
2019
Aegerion Pharms., In re
Ruling:
Plan was confirmed where there were good business reasons for separate classification ofongoing trade creditors’ claims. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on September 10,2019, LexisNexis #1119-017
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
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