Western District

DeFreze, In re

Ruling: 
Court held that taxes were nondischargeable where debtor's late-filed amended income tax return was not an honest and reasonable effort to comply with tax law. (Bankr. W.D.N.Y.)
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Consumer case opionion summary, case decided on August 29,2018, LexisNexis #1018-042

Semans, In re

Ruling: 
Court denied debtors' motion to vacate where there was no statutory basis to vacate the discharge order for the purpose of filing a post-discharge reaffirmation agreement. (Bankr. W.D.N.Y.)
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Consumer case opionion summary, case decided on August 29,2018, LexisNexis #1018-047

Encore Prop. Mgmt., In re

Ruling: 
Court dismissed debtor's chapter 11 case as it had been using bankruptcy to delay a bank's effort to execute a foreclosure judgment. (Bankr. W.D.N.Y.)
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Commercial case opionion summary, case decided on February 16,2018, LexisNexis #0318-109

Jacobs, In re

Ruling: 
Creditor's motion to dismiss debtor's case denied as driving carelessly without liabilityinsurance did not rise to a finding of bad faith. (Bankr. W.D.N.Y.)
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Consumer case opionion summary, case decided on February 01,2018, LexisNexis #0318-050

Rogers, In re--Snider v. Rogers

Ruling: 
Trustee's motion to dismiss granted where debtor filed his chapter 12 case in bad faith. (Bankr.W.D.N.Y.)
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Consumer case opionion summary, case decided on January 25,2018, LexisNexis #0318-023

Meserole, In re

Ruling: 
Debtor's proposed modification to 2013 plan denied as it would extend payment to themortgagee several years past the five-year limitation. (Bankr. W.D.N.Y.)
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Consumer case opionion summary, case decided on January 24,2018, LexisNexis #0318-026

Rogers, In re--Snider v. Rogers

Ruling: 
Trustee's motion to dismiss granted where debtor filed his chapter 12 case in bad faith. (Bankr.W.D.N.Y.)
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Consumer case opionion summary, case decided on January 25,2018, LexisNexis #0318-023

Meserole, In re

Ruling: 
Debtor's proposed modification to 2013 plan denied as it would extend payment to themortgagee several years past the five-year limitation. (Bankr. W.D.N.Y.)
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Consumer case opionion summary, case decided on January 24,2018, LexisNexis #0318-026

Oyarzun, In re

Ruling: 
Debtors' request for waiver of credit counseling was dismissed for failure to demonstrate that they suffer from a physical or mental disability. (Bankr. W.D.N.Y.)
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Consumer case opionion summary, case decided on December 21,2017, LexisNexis #0118-092

Gunsalus v. Ont. Cty.

Ruling: 
Court dismissed the complaint in each adversary proceedings after it held that a tax lien foreclosure action, conducted in strict compliance with New York's Article 11 RPTL, was conclusively presumed to have provided reasonably equivalent value. (Bankr. W.D.N.Y.)
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Consumer case opionion summary, case decided on November 06,2017, LexisNexis #1217-048

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