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2nd circuit

Stanziale v. Medi Biotech LLC

Ruling
Trustee met the pleading requirements for a fraudulent transfer claim by alleging a transfer for less than reasonably equivalent value at a time of insolvency. (Bankr. D. Del.)
Issue(s)
Fraudulent Transfers and Obligations.

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Consumer opinion summary, case decided on March 20, 2025 , LexisNexis #0525-092

Laurion, In re--Laurion v. PHH Mortg. Corp.

Ruling
PHH's mere policy of holding partial payments in suspense, without actually applying it to the debtor, is not an act to collect a debt in violation of § 524(a)(2). (Bankr. D. Conn.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.

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Consumer opinion summary, case decided on March 18, 2025 , LexisNexis #0525-089

B.C.I. Fins. Pty, In re

Ruling
Liquidator of estates of foreign debtors was entitled to discovery rights to investigate potential claims against debtors’ founders and third parties that aided and abetted breaches of fiduciary duty. (Bankr. S.D.N.Y.)
Issue(s)
Relief That May Be Granted Upon Recognition; Types of Appropriate Relief; Discovery.

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Commercial opinion summary, case decided on March 10, 2025 , LexisNexis #0525-047

Falatico-Brodock, In re

Ruling
Debtor’s attorney’s fees substantially reduced given filing of barebones petition, failure to file a timely Subchapter V plan and deficiencies in billing entries. (Bankr. N.D.N.Y.)
Issue(s)
Compensation of Officers; Determination of Amount.

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Consumer opinion summary, case decided on March 10, 2025 , LexisNexis #0525-027

Spirit Airlines, Inc., In re

Ruling
Airline’s Chapter 11 plan confirmed with third-party releases due to clear notice and substantial creditor recoveries. (Bankr. S.D.N.Y.)
Issue(s)
Contents of Plan.

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Commercial opinion summary, case decided on March 07, 2025 , LexisNexis #0525-041

Elkins, In re

Ruling
Court dismissed debtor's Chapter 7 case for bad faith serial filings aimed at delaying foreclosure, and failure to meet obligations, imposing a two-year refiling bar. (Bankr. D. Conn.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.

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Consumer opinion summary, case decided on March 07, 2025 , LexisNexis #0525-038

Elkins, In re

Ruling
Relief from stay granted as secured creditor lacked adequate protection in property not necessary to an effective reorganization and repeated filings by debtor and spouse constituted a scheme to delay, hinder, or defraud creditors. (Bankr. D. Conn.)
Issue(s)
Automatic Stay; Relief from Stay.

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Consumer opinion summary, case decided on March 05, 2025 , LexisNexis #0525-007

In re Urban Commons 2 W. LLC

Ruling
Foreclosure sale was a legal proceeding that could compel interest holders to accept a money satisfaction, justifying proposed free and clear sale of debtors’ leasehold interest in hotel. (Bankr. S.D.N.Y.)
Issue(s)
Use, Sale or Lease of Property; When Property May Be Sold Free and Clear of Any Interest; Where Acceptance of Money Satisfaction Could be Compelled.

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Commercial opinion summary, case decided on March 04, 2025 , LexisNexis #0525-008

Mulberry Dev., LLC, In re

Ruling
Dismissal served the interests of both the debtor and creditors as the debtor showed no intent to fulfill its obligations and creditors could pursue claims outside of bankruptcy without further delay. (Bankr. S.D.N.Y.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.

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Commercial opinion summary, case decided on February 28, 2025 , LexisNexis #0525-018

Campanella, In re

Ruling
Reconsideration of stay relief denied as debtors' failure to raise argument about additional collateral securing creditor's claim at the initial hearing was not due to mistake, inadvertence, surprise, or excusable neglect. (Bankr. S.D. Fla.)
Issue(s)
Automatic Stay; Relief from Stay.

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Consumer opinion summary, case decided on February 28, 2025 , LexisNexis #0525-006