New York

0723-077 (Commercial) State court actions against parties related to debtor diocese based on claims of sexual abuse allowed to proceed as they were not subject to the automatic stay and an injunction was not warranted. (Bankr. S.D.N.Y.) HOLDINGS

Ruling: 
Congressional enactment of the Puerto Rico Oversight, Management, and Economic Stability Act, to adjust for Puerto Rico’s ineligibility as a debtor under Chapter 9, was not sufficient federal action to constitute a taking. (Fed. Cl.)
ABI Membership is required to access the full summary of 0723-077 (Commercial) State court actions against parties related to debtor diocese based on claims of sexual abuse allowed to proceed as they were not subject to the automatic stay and an injunction was not warranted. (Bankr. S.D.N.Y.) HOLDINGS. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 05,2023, LexisNexis #0723-076

Roman Cath. Diocese of Rockville Ctr., In re

Ruling: 
Conclusory allegations of control of institutions by debtor diocese were insufficient to establish the existence of either an agency relationship or an employment relationship to support a claim. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on June 02,2023, LexisNexis #0723-082

Roman Cath. Diocese of Rockville Ctr., In re

Ruling: 
Objections to claims based on sexual abuse occurring under predecessor of debtor diocese were sustained in part as the creditors failed to allege successor liability. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on May 26,2023, LexisNexis #0723-055

Ehrenfeld, In re--Lawyers' Fund for Client Prot. v. Ehrenfeld

Ruling: 
The portion of a debt covered by debtor’s guilty plea to a charge of second-degree larceny was nondischargeable pursuant to collateral estoppel. (Bankr. S.D.N.Y.)
ABI Membership is required to access the full summary of Ehrenfeld, In re--Lawyers' Fund for Client Prot. v. Ehrenfeld. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 07,2023, LexisNexis #0823-008

Martino, In re--Pergament v. Martino

Ruling: 
Debtor's provision of room and board in family home to 21-year-old son did not constitute constructive fraudulent conveyances. (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on June 05,2023, LexisNexis #0823-013

Mattei, In re--Keahon v. Mattei

Ruling: 
Debtors' failure to disclose a portion of their income, which they had structured so as to ensure that the wife did not lose her disability benefits, showed a reckless disregard for the truth and thus fraudulent intent for purposes of denial of discharge. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on June 08,2023, LexisNexis #0823-014

Hillman, In re

Ruling: 
Debtor met her burden of proving eligibility for subchapter V of Chapter 11 as defense of commercial litigation was sufficient to demonstrate engagement in commercial or business activities. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on June 02,2023, LexisNexis #0823-016

Eletson Holdings, Inc., In re

Ruling: 
Court exercised its discretion to require the involuntary debtors to file a list of creditors prior to dismissing the case to afford petitioning creditors the opportunity to cure the petition. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on June 08,2023, LexisNexis #0823-002

Leonaggeo, In re

Ruling: 
Court found that conversion from Chapter 12 to Chapter 11 subchapter V is not possible where the value of the property to be sold was heavily debated and unsubstantiated. (Bankr. S.D.N.Y.)
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Consumer case opionion summary, case decided on May 24,2023, LexisNexis #0723-045

SVB Fin. Grp., In re

Ruling: 
FDIC as receiver was not entitled to establish an escrow account to hold tax refunds and other monies payable to a consolidated tax group that included the debtor as amount owed to FDIC was not clear. (Bankr. S.D.N.Y.)
ABI Membership is required to access the full summary of SVB Fin. Grp., In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on May 17,2023, LexisNexis #0723-037

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