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2nd circuit

Siomkos, In re

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.

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Consumer opinion summary, case decided on May 09, 2025 , LexisNexis #0725-036

Fall Creek One, LLC, In re

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.

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Commercial opinion summary, case decided on May 09, 2025 , LexisNexis #0725-035

Golden, In re--Golden v. Nat'l Collegiate Student Loan Trust 2006-4

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.

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Consumer opinion summary, case decided on May 07, 2025 , LexisNexis #0725-039

Wells, In re

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.

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Consumer opinion summary, case decided on May 07, 2025 , LexisNexis #0725-085

Firstbase.io, Inc., In re--Firstbase.io, Inc. v. Harbor Bus. Compliance Corp.

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.

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Commercial opinion summary, case decided on May 06, 2025 , LexisNexis #0725-042

Buffalo Newspress, In re

Ruling
Court rejected proposed order for post-petition financing. (Bankr. W.D.N.Y.)
Issue(s)
Obtaining Credit.

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Consumer opinion summary, case decided on May 06, 2025 , LexisNexis #0725-084

Feiffer, In re

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.

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Consumer opinion summary, case decided on March 28, 2025 , LexisNexis #0525-099

Prime Capital Ventures, LLC, In re

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.

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Commercial opinion summary, case decided on March 28, 2025 , LexisNexis #0525-095

Augustus Intelligence Inc., In re--Ryniker v. Washington

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.

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Commercial opinion summary, case decided on March 26, 2025 , LexisNexis #0525-097

Hyatt, In re

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.

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Consumer opinion summary, case decided on March 26, 2025 , LexisNexis #0525-082