Judge Bernstein

Bronx Miracle Gospel Tabernacle Word of Faith Ministries, In re

Ruling: 
Trustee was entitled to take control of estate property to prevent unauthorized use. (Bankr.S.D.N.Y.)
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Commercial case opionion summary, case decided on March 23,2020, LexisNexis #0520-066

Sec. Investor Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC

Ruling: 
Madoff trustee's motion to propose second amended complaint was denied as he failed toplead that defendants turned a blind eye to debtor's highly probable fraud. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on January 23,2020, LexisNexis #0320-017

Wonderwork, Inc., In re--Sama v. Mullaney

Ruling: 
Trustee's constructive fraudulent conveyance claim dismissed where complaint failed to allegethat debtor did not receive reasonably equivalent value for the salary it paid. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on January 17,2020, LexisNexis #0220-089

Tineo, In re

Ruling: 
Debt was excepted from discharge where creditor justifiably and reasonably relied on debtor'sfalse representation. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on November 26,2019, LexisNexis #0120-038

Sec. Inv’r Prot. Corp. v. Bernard L. Madoff Inv. Sec., LLC

Ruling: 
Trustee was entitled to avoid more than $3 million in fraudulent transfers that were made withactual intent to defraud. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on November 21,2019, LexisNexis #0120-017

AAGS Holdings, LLC, In re

Ruling: 
Creditor's motion to dismiss case was denied where evidence did not show that the debtorfiled the Chapter 11 case without any intention to reorganize. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on November 12,2019, LexisNexis #1219-092

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

Pansier, In re

Ruling: 
Motion for recusal denied as the debtors failed to establish that the assigned judge hadformed an opinion so extreme that fair judgment appeared impossible or that the judge wasunduly biased against the debtors. (Bankr. E.D. Wis.)
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Commercial case opionion summary, case decided on August 12,2019, LexisNexis #1019-022

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

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

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