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Western District

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

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

Faulring, In re

Ruling: 
Debtor's claim of an exemption could not extend to the separate dwelling that he rented to athird party or the undeveloped property that adjoined the lot on which he resided. (Bankr.W.D.N.Y.)
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Consumer case opionion summary, case decided on August 30,2017, LexisNexis #1017-075

Heskell, In re

Ruling: 
Property could not be considered as a property of the estate as the debtor failed to redeem theproperty and failed to seek to vacate the judgment of foreclosure under New York RealProperty Tax Law. (Bankr. W.D.N.Y.)
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Consumer case opionion summary, case decided on August 29,2017, LexisNexis #1017-015

Greene, In re

Ruling: 
Creditor willfully violated the stay ordered by the court, thus causing injury to the debtor andentitling the latter to attorney's fees. (Bankr. W.D.N.Y.)
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Consumer case opionion summary, case decided on August 18,2017, LexisNexis #0917-067

Sadigursky,In re--Sadigursky v. LSF9 Master Participation Trust

Ruling: 
Proceeding was suspended in favor of adjudication by the New York Supreme Court as thelatter would have a better handle on the said foreclosure case which involved New Yorkstatutes. (Bankr. W.D.N.Y.)
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Consumer case opionion summary, case decided on March 18,2009, LexisNexis #0917-061

Wynn, In re

Ruling: 
Conversion or dismissal was warranted where the debtor's confirmed plan was a sale plan but the debtor was unwilling to sell his properties. (Bankr. W.D.N.Y.)
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Consumer case opionion summary, case decided on July 27,2017, LexisNexis #0917-055

Martelli, In re

Ruling: 
Court granted debtors' motions to quash as U.S. Trustee failed to issue deposition subpoenas, with notices to produce, and to complete examinations of the debtors within time specified. (Bankr. W.D.N.Y.)
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Consumer case opionion summary, case decided on July 20,2017, LexisNexis #0817-118

Canandaigua Land Dev., LLC, In re

Ruling: 
Chapter 7 case dismissed because there has been unreasonable delay in the liquidation of theestate's only asset. (Bankr. W.D.N.Y.)
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Commercial case opionion summary, case decided on June 29,2017, LexisNexis #0817-013

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