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Western District

In re TVGA Eng'g, Surveying, PC

Ruling: 
Safe harbor does not apply to payee where debtor’s bank was merely a substitute for cash.(Bankr. W.D.N.Y.)
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Commercial case opionion summary, case decided on December 01,2016, LexisNexis #0117-019

D'Youville Coll. v. Tucker (In re Tucker)

Ruling: 
Non-subsidized debt owed to college for tuition was dischargeabe as it did not qualify asstudent loan debt. (Bankr. W.D.N.Y.)
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Consumer case opionion summary, case decided on November 01,2016, LexisNexis #1116-121

In re Schichtel

Ruling: 
Claim for wrongful death of debtor spouse that arose postpetition but preconversion wasproperty of the estate. (Bankr. W.D.N.Y.)
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Consumer case opionion summary, case decided on August 18,2016, LexisNexis #0916-124

In re Flour City Bagels, LLC

Ruling: 
Sale of assets free and clear could not be approved due to debtor’s failure to exercise soundbusiness judgment in selecting bid. (Bankr. W.D.N.Y.)
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Commercial case opionion summary, case decided on September 02,2016, LexisNexis #0916-113

In re Palumbo

Ruling: 
Debtors could not reopen long-closed case for determination on unscheduled debt that wasnow at issue in state court. (Bankr. W.D.N.Y.)
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Consumer case opionion summary, case decided on September 01,2016, LexisNexis #0916-107

In re Denaro

Ruling: 
Debtors could modify loan that was secured solely by their manufactured home and not theland on which it was placed. (Bankr. W.D.N.Y.)
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Consumer case opionion summary, case decided on August 05,2016, LexisNexis #0916-064

Broadway Warehouse Co. v. Schmitt (In re Schmitt)

Ruling: 
Discharge denied due to debtor’s failure to keep adequate books and records. (Bankr.W.D.N.Y.)
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Consumer case opionion summary, case decided on August 09,2016, LexisNexis #0916-028

In re Native Wholesale Supply Co.

Ruling: 
Allowed claim in favor of state could not be modified postconfirmation.
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Commercial case opionion summary, case decided on June 16,2016, LexisNexis #0716-066

In re Jones

Ruling: 
Motion for sale of debtor's property free and clear only of the interests of taxing authorities and the first mortgagee granted.
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Consumer case opionion summary, case decided on April 15,2016, LexisNexis #0516-111

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