Judge Wiles

JCK Legacy Co., In re

Ruling: 
Bankruptcy court sustained an objection to a defamation claim that lacked merit as theclaimant failed to prove that a false statement was made during an exchange of text messagesthat were later printed in the newspaper. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on September 07,2022, LexisNexis #1122-037

Voyager Digital Holdings, Inc., In re

Ruling: 
Customers should be permitted to withdraw funds that were not property of the debtors'bankruptcy estates and held for them by a bank. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on August 05,2022, LexisNexis #0922-087

JCK Legacy Co., In re

Ruling: 
Late-filed proof of claim disallowed as standard for "excusable neglect" was not met. (Bankr.S.D.N.Y.)
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Commercial case opionion summary, case decided on July 28,2022, LexisNexis #0922-075

Cosmoledo LLC, In re

Ruling: 
Proposed incentive fee for class representative was not approved as there were no specialcircumstances justifying a service award in the class action case. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on April 27,2022, LexisNexis #0622-074

JCK Legacy Co., In re

Ruling: 
Creditor's filing treated as a motion for relief and his proof of claim was treated as a timelyfiled general unsecured claim as he was a known creditor and not provided with propernotice. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on March 03,2022, LexisNexis #0422-098

Westinghouse Elec. Co., LLC, In re

Ruling: 
Permission to file a tardy administrative expense claim denied as creditor and his counselmade a deliberate tactical decision not to proceed in this bankruptcy court. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on February 15,2022, LexisNexis #0422-011

Village Red Rest. Corp., In re--Graham v. Serafis

Ruling: 
Chapter 11 Plan Administrator had standing to pursue his avoidance claims because therewere creditors before the transfers who remained unpaid at the time of the bankruptcy filing.(Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on August 31,2021, LexisNexis #1021-065

Bicomny, LLC, In re--Jalbert v. Flom

Ruling: 
Transfers by debtors owned by LLC to an owner of the LLC while insolvent and withoutconsideration were avoidable. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on August 05,2021, LexisNexis #0921-091

Wildenstein, In re--Regal Jewelry & Gift Shop, LLC v. Wildenstein

Ruling: 
Debt was nondischargeable where debtor deliberately misled plaintiff as to her intent toinduce plaintiff to sell jewelry to her in exchange for post-dated checks. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on March 24,2021, LexisNexis #0521-036

Wildenstein, In re--Regal Jewelry & Gift Shop, LLC v. Wildenstein

Ruling: 
Debt was nondischargeable where debtor deliberately misled plaintiff as to her intent toinduce plaintiff to sell jewelry to her in exchange for post-dated checks. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on March 24,2021, LexisNexis #0521-036

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