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.)
ABI Membership is required to access the full summary of Ditech Holding Corp., In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on August 28,2019, LexisNexis #1019-068
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.)
ABI Membership is required to access the full summary of Marcano, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 24,2019, LexisNexis #0819-080
Jun
24
2019
Ditech Holding Corp., In re
Ruling:
Debtors failed to establish cause to excuse them from collateralizing five bank accounts.(Bankr. S.D.N.Y.)
ABI Membership is required to access the full summary of Ditech Holding Corp., In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on June 24,2019, LexisNexis #0819-077
Jan
05
2018
Cil Ltd., In re--LaMonica v. CEVA Grp., PLC
Ruling:
Trustee could not avoid foreign equity transfer he deemed as fraudulent. (Bankr. S.D.N.Y.)
ABI Membership is required to access the full summary of Cil Ltd., In re--LaMonica v. CEVA Grp., PLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on January 05,2018, LexisNexis #0218-048
Jun
13
2017
Scott, In re--Scott v. Am. Sec. Ins. Co.
Ruling:
Chapter 13 debtor did not have standing to exercise trustee's avoidance powers. (Bankr.S.D.N.Y.)
ABI Membership is required to access the full summary of Scott, In re--Scott v. Am. Sec. Ins. Co.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 13,2017, LexisNexis #0717-074
Apr
08
2016
Geron v. Holding Capital Grp. Inc. (In re PBS Foods LLC)
Ruling:
Landlord's motion to set aside settlement denied.
ABI Membership is required to access the full summary of Geron v. Holding Capital Grp. Inc. (In re PBS Foods LLC). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on April 08,2016, LexisNexis #0516-035
Mar
17
2016
Chapter 7 Tr. of Big Apple Volkswagen LLC v. Salim (In re Big Apple Volkswagen)
Ruling:
Transfers could be avoided and recovered from initial transferee.
ABI Membership is required to access the full summary of Chapter 7 Tr. of Big Apple Volkswagen LLC v. Salim (In re Big Apple Volkswagen). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on March 17,2016, LexisNexis #0416-058
Dec
17
2009
FIA Card Servs. v. Schempp (In re Schempp)
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a determination that a debt to the creditor for cash advances to the debtor using a credit card issued by the creditor was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A) based on the debtor's fraud.
Ruling:
Debt owed for credit card cash advances used for gambling was not fraudulently incurred and was dischargeable.
ABI Membership is required to access the full summary of FIA Card Servs. v. Schempp (In re Schempp). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 17,2009, LexisNexis #0110-084
