Heredia, In re
Jun
25
2024
Ruling
Debtor's Chapter 13 case dismissed for failure to disclose substantial increase in income andlack of forthcoming information to trustee. (Bankr. S.D.N.Y.)
Issue(s)
Conversion or Dismissal; For Cause.
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Foster, In re
May
28
2024
Ruling
Court declined to impose a vexatious litigant injunction against debtor as the case was notundertaken with a specific intent to harass the trustee but rather, the debtor had a good faith,albeit mistaken, basis for her actions. (Bankr. N.D. Tex.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of
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Madoff Sec. Int'l Ltd., In re--Akers v. Madoff
May
21
2024
Ruling
Adversary proceeding dismissed for failure to prosecute after 15 years of inaction byliquidators in Ponzi scheme bankruptcy case. (Bankr. S.D.N.Y.)
Issue(s)
Dismissal of Adversary Proceedings.
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Court
:
- 11 U.S.C.
Tatum, In re--Anderson v. Tatum
Apr
08
2024
Ruling
Judgement debt was dischargeable as creditor failed to prove that it was a debt for money,property or services obtained by false pretenses, a false representation, or actual fraud. (Bankr.N.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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Court
:
- 11 U.S.C.
Buffalo Station, LLC, In re
Apr
08
2024
Ruling
Confirmation of debtors' Chapter 11 plan was warranted as the compromise and settlementprovisions in the plan were fair, equitable and reasonable. (Bankr. N.D. Tex.)
Issue(s)
Confirmation of Plan.
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Sec. Inv. Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC
Nov
09
2023
Ruling
Adoption of complaint from another avoidance proceeding in the same action was proper anddid not prejudice defendants. (Bankr. S.D.N.Y.)
Issue(s)
Liability of Transferee of Avoided Transfer; Trustee’s Right to Recover Transferred
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Court
:
- 11 U.S.C.
Sec. Inv. Prot. Corp. v. Bernard L. Madoff Inv. Secs. LLC
Nov
03
2023
Ruling
Motion to dismiss avoidance proceeding based on grounds of good faith required a factintensive inquiry not appropriate to resolve at early stage of litigation. (Bankr. S.D.N.Y.)
Issue(s)
Liability of Transferee of Avoided Transfer.
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Court
:
- 11 U.S.C.
Securities Investor Prot. Corp. v. Bernard L. Madoff Inv. Secs. LLCl
Oct
04
2023
Ruling
Court denied defendant's motion to amend affirmative defenses to include a defense of setoff.(Bankr. S.D.N.Y.)
Issue(s)
Setoff.
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:
- 11 U.S.C.
Securities Investor Prot. Corp. v. Bernard L. Madoff Inv. Secs. LLC
Oct
03
2023
Ruling
Liquidation trustee was entitled to seek recovery of subsequent transfers from a partner of theinitial transferee where the recovery from the initial transferee had not been fully satisfied.(Bankr. S.D.N.Y.)
Issue(s)
Liability of Transferee of Avoided Transfer.
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Court
:
- 11 U.S.C.
Ginn, In re
Sep
18
2023
Ruling
Debtor's filings were not made in good faith as each time he amended his plan he affirmedthat he would make ongoing payments and almost always failed to do so. (Bankr. S.D.N.Y.)
Issue(s)
Modification of Plan After Confirmation.
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