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District of new york

Goldner Capital Mgmt. LLC, In re

Ruling
Debtors’ request to alter language regarding dismissal as consequence of failure to file plans by court-ordered deadline denied. (Bankr. E.D.N.Y.)
Issue(s)
New Trials; Amendment of Judgments.

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Commercial opinion summary, case decided on June 13, 2025 , LexisNexis #0825-075

Johnson, In re

Ruling
Court allowed late-filed rejection damages claim as debtor’s plan was filed after bar date, preventing earlier notice. (Bankr. E.D.N.Y.)
Issue(s)
Filing Proof of Claim or Interest; Time for Filing; Rejection of Executory Contract or Unexpired Lease Claims.

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Consumer opinion summary, case decided on June 13, 2025 , LexisNexis #0825-072

Shibley, In re--Shibley v. SouthState Bank

Ruling
Debtor could not establish justifiable reliance as he had an opportunity to review public records and discover any unpaid tax liens. (Bankr. N.D. Ga.)
Issue(s)
Relief From Judgment or Order.

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Consumer opinion summary, case decided on June 09, 2025 , LexisNexis #0825-100

Diocese of Buffalo, In re

Ruling
Court barred debtor from using restricted seminary sale proceeds for bankruptcy settlement as funds were donated for permanent seminary use. (Bankr. W.D.N.Y.)
Issue(s)
Property of the Estate; Restrictions Voided; Restrictions on Transfer of Interests in Trusts Unaffected.

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Commercial opinion summary, case decided on June 06, 2025 , LexisNexis #0825-066

Branded Operations Holdings, Inc., In re

Ruling
Debtor lacked standing to modify confirmed plan that was substantially consummated. (Bankr. S.D.N.Y.)
Issue(s)
Modification of Plan; After Confirmation and Before Substantial Consummation.

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Commercial opinion summary, case decided on May 25, 2025 , LexisNexis #0725-095

GOL Linhas Aéreas Inteligentes S.A., In re

Ruling
The Purdue Pharma and Energy Resources decisions allow for consensual third- party releases to be included in a Chapter 11 plan. (Bankr. S.D.N.Y.)
Issue(s)
Contents of Plan; Discretionary Provisions; Other Appropriate Provisions.

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Commercial opinion summary, case decided on May 22, 2025 , LexisNexis #0725-094

Estiatorio Ent. Ltd., In re

Ruling
Building was abandoned to the debtor under § 554(c) as scheduled property not administered. (Bankr. S.D.N.Y.)
Issue(s)
Abandonment of Property of the Estate.

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Consumer opinion summary, case decided on May 22, 2025 , LexisNexis #0725-093

Tommy's Fort Worth, LLC, In re

Ruling
Debtor's president’s failure to withdraw or amend complaints alleging claims belonging to the estate after being put on notice by the Trustee constituted a continuing violation of the automatic stay. (Bankr. N.D. Tex.)
Issue(s)
Automatic Stay; Scope; Acts to Obtain Property.

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Commercial opinion summary, case decided on May 22, 2025 , LexisNexis #0725-080

ECI Pharms. LLC, In re--Acute Inc. v. ECI Pharms. LLC

Ruling
Proceeding seeking revocation of confirmation stayed to avoid interfering with pending appeal of the confirmation order. (Bankr. S.D. Fla.)
Issue(s)
Revocation of an Order of Confirmation.

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Commercial opinion summary, case decided on May 21, 2025 , LexisNexis #0725-096

Davis, In re--Thaler v. Davis

Ruling
Debtor's discharge denied because he knowingly failed to disclose a pending lawsuit and acted with reckless indifference to the truth, indicating fraudulent intent. (Bankr. E.D.N.Y.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on May 20, 2025 , LexisNexis #0725-068