Dec
13
2018
Gasson, In re--Premier Capital, LLC v. Gasson
Ruling:
Debtor's discharge was denied as he concealed his interest in a business he created with the intent to effectively shield his assets from the reach of his creditors. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on December 13,2018, LexisNexis #0119-101
Aug
03
2018
D'Arata, In re
Ruling:
Counsel ordered to return fee he charged debtor as he failed provide adequate representation at the debtor's § 341 meetings. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on August 03,2018, LexisNexis #0918-034
Jul
09
2018
Oi S.A., In re
Ruling:
Court granted foreign representative's motion to enforce Brazilian reorganization plan as theBrazilian proceeding was not contrary or prejudicial to the interests of creditors in the UnitedStates. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on July 09,2018, LexisNexis #0818-087
Apr
24
2018
B.C.I. Fins. Pty Ltd. (In Liquidation), In re
Ruling:
Court granted the liquidators' petition for recognition as they met their burden of showingthat the proceedings in Australia were eligible for recognition under chapter 15 of thebankruptcy code. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on April 24,2018, LexisNexis #0718-025
Feb
09
2018
HS 45 John LLC, In re--45 John NY, LLC v. HS 45 John LLC
Ruling:
Summary judgment was denied as debtor had raised material questions of fact regarding thepurchaser's right to sue in relation to the escrow agreement. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on February 09,2018, LexisNexis #0318-068
Jan
31
2018
Local 46
Ruling:
Sale transaction approved where debtor was not an alter ego of the other constructioncompany, purchaser was a good faith purchaser, and sale transaction reflects an exercise ofsound business judgment by the debtor. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on January 31,2018, LexisNexis #0318-035
Dec
04
2017
Brooks, In re--Brooks v. United States HUD
Ruling:
Debtor's claims were dismissed as they were not "related to" a case under Title 11 as it was anordinary landlord-tenant contract dispute outside of bankruptcy. (Bankr. W.D. Va.)
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Commercial case opionion summary, case decided on December 04,2017, LexisNexis #0218-089
May
19
2010
Sterling, In re
Ruling:
Bank's motion for relief from stay granted to allow execution of foreclosure judgment obtained in court. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on May 19,2010, LexisNexis #0218-034
Aug
28
2017
Republic Airways Holdings, Inc., In re
Ruling:
Debtors' rejection of an unexpired lease was proper as the creditor failed to file a claim ontime even if it received proper notice of the deadline. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on August 28,2017, LexisNexis #1017-029
Apr
10
2017
Republic Airways Holdings, Inc., In re
Ruling:
Debtors' substantive consolidation allowed as the debtors operated a single business under asingle business plan. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on April 10,2017, LexisNexis #0517-061
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