Apr
22
2020
Firestar Diamond, Inc., In re
Ruling:
Banks' claims were disallowed as the trustee demonstrated that these were based on amountsowed to entities that received fraudulent transfers from the corporate debtors. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on April 22,2020, LexisNexis #0620-032
Jan
16
2020
Quintyne, In re
Ruling:
Breakdown of debtor's vehicle was not grounds for a hardship discharge. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on January 16,2020, LexisNexis #0220-097
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
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
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