Siomkos, In re
May
09
2025
Ruling
Debtor ordered to surrender apartment after failing to comply with trustee's access requests. (Bankr. S.D.N.Y.)
Issue(s)
Debtor’s Duties; Required Acts.
ABI Membership is required to access the full summary of Siomkos, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Fall Creek One, LLC, In re
May
09
2025
Ruling
Court valued creditor’s secured claim based on debtor’s income projections and intended use of property for short-term rentals. (Bankr. M.D.N.C.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim; Valuation of Creditor’s Interest.
ABI Membership is required to access the full summary of Fall Creek One, LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Golden, In re--Golden v. Nat'l Collegiate Student Loan Trust 2006-4
May
07
2025
Ruling
Student and bar loans deemed potentially dischargeable as one exceeded cost of attendance and the other was not for qualified education expenses. (Bankr. E.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.
ABI Membership is required to access the full summary of Golden, In re--Golden v. Nat'l Collegiate Student Loan Trust 2006-4 Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Wells, In re
May
07
2025
Ruling
For an informal proof of claim to exist, the creditor must have taken some affirmative action in the bankruptcy case before the claims deadline to provide notice of the claim and intent to hold the estate liable. (Bankr. M.D.N.C.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Proof of Claim not Timely Filed.
ABI Membership is required to access the full summary of Wells, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Firstbase.io, Inc., In re--Firstbase.io, Inc. v. Harbor Bus. Compliance Corp.
May
06
2025
Ruling
Judicial lien avoided as preferential transfer made within 90 days of bankruptcy while debtor was insolvent. (Bankr. S.D.N.Y.)
Issue(s)
Preferences.
ABI Membership is required to access the full summary of Firstbase.io, Inc., In re--Firstbase.io, Inc. v. Harbor Bus. Compliance Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Buffalo Newspress, In re
May
06
2025
Ruling
Court rejected proposed order for post-petition financing. (Bankr. W.D.N.Y.)
Issue(s)
Obtaining Credit.
ABI Membership is required to access the full summary of Buffalo Newspress, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- FRBP
Feiffer, In re
Mar
28
2025
Ruling
Conversion of debtor artist’s Chapter 13 case to Chapter 11 following his death was not permitted as a probate estate is not a "person" eligible to be a Chapter 11 debtor. (Bankr. N.D.N.Y.)
Issue(s)
Death or Incompetency of Debtor.
ABI Membership is required to access the full summary of Feiffer, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Prime Capital Ventures, LLC, In re
Mar
28
2025
Ruling
Chapter 11 plan could not be confirmed where it removed the court's ability to review and approve expenses incurred by members of the oversight committee and professionals of the plan administrator. (Bankr. N.D.N.Y.)
Issue(s)
Confirmation of Plan; Requirements.
ABI Membership is required to access the full summary of Prime Capital Ventures, LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
Augustus Intelligence Inc., In re--Ryniker v. Washington
Mar
26
2025
Ruling
Court found that retention of jurisdiction provisions in a plan alone are insufficient to grant subject matter jurisdiction. (Bankr. D. Del.)
Issue(s)
Procedures.
ABI Membership is required to access the full summary of Augustus Intelligence Inc., In re--Ryniker v. Washington Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Hyatt, In re
Mar
26
2025
Ruling
Proposed settlement improperly sought to recover administrative expenses from the debtor's exempt homestead proceeds by effectively transferring the exempt funds to the IRS and having the trustee recover those funds from the IRS liens without reducing the IRS claim against the debtor. (Bankr. E.D.N.Y.)
Issue(s)
Determination of Secured Status; Trustee’s Costs and Expenses.
ABI Membership is required to access the full summary of Hyatt, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: