Jan
11
2019
Robinson, In re--Aspire Fed. Credit Union v. Robinson
Ruling:
Dismissal of proceeding for denial of discharge denied as debtor's alleged failure to maintain adequate books and records was adequately pleaded. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on January 11,2019, LexisNexis #0219-042
Dec
04
2018
Sterman, In re
Ruling:
Transfers to or for the benefit of debtors' daughters after they reached the age of 21 for collegetuition and related expenses were avoidable as constructive fraudulent transfers if the debtorswere insolvent at the times the transfers were made. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on December 04,2018, LexisNexis #0119-019
Sep
24
2018
Motors Liquidation Co., In re
Ruling:
Settlement agreement could not be approved as it proposed to permit payment of late-filed claims on behalf of over 11 million claimants who suffered economic loss due to defects in vehicles the debtor manufactured without certifying those claimants as class claimants. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on September 24,2018, LexisNexis #1118-060
Jun
29
2018
RMS Titanic, Inc., In re
Ruling:
Creditor's motion for appointment of chapter 11 trustee was denied as the sale proponents should be permitted to develop their liquidation plans in accordance with the procedures of chapter 11. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on June 29,2018, LexisNexis #0818-113
Jun
29
2018
Advance Watch Co., In re--Kravitz v. Deacons
Ruling:
Motions for entry of default judgments were granted in the adversary proceedings againstdefendants where plaintiff seeks to avoid and recover preferential transfers as defendantsfailed to respond to the summons and complaint, or otherwise appear in the actions. (Bankr.S.D.N.Y.)
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Commercial case opionion summary, case decided on June 29,2018, LexisNexis #0818-027
Jun
26
2018
Moyer Grp., Inc., In re--Pereira v. Frenkel Benefits, LLC
Ruling:
Defendant's motion to dismiss the eleventh claim for relief granted as the amended complaintfailed to assert with sufficient specificity that defendant was unjustly enriched. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on June 26,2018, LexisNexis #0818-026
Jul
02
2018
Benyamin, In re
Ruling:
Debtors' objection to claim sustained where creditor failed to produce the original note and did not demonstrate that it had standing to assert the claim. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on July 02,2018, LexisNexis #0818-059
Jun
29
2018
Advance Watch Co., In re--Kravitz v. Deacons
Ruling:
Motions for entry of default judgments were granted in the adversary proceedings againstdefendants where plaintiff seeks to avoid and recover preferential transfers as defendantsfailed to respond to the summons and complaint, or otherwise appear in the actions. (Bankr.S.D.N.Y.)
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Commercial case opionion summary, case decided on June 29,2018, LexisNexis #0818-027
Jun
26
2018
Moyer Grp., Inc., In re--Pereira v. Frenkel Benefits, LLC
Ruling:
Defendant's motion to dismiss the eleventh claim for relief granted as the amended complaintfailed to assert with sufficient specificity that defendant was unjustly enriched. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on June 26,2018, LexisNexis #0818-026
May
08
2018
Garcia, In re
Ruling:
Loan servicer's motion for relief from the automatic stay was denied because it was not a partyin interest as it lacked standing to foreclose on the debtor's property. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on May 08,2018, LexisNexis #0618-037
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