- 11 U.S.C.
Moss, In re
Jun
17
2020
Ruling
Creditor held in contempt for violating the discharge order by attempting to collect pre-petition fines. (Bankr. D.N.J.)
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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Court
:
( Judge Kaplan ) [ Bankruptcy Court ]
- 11 U.S.C.
Teltronics, Inc., In re
Oct
02
2018
Ruling
Judgment affirmed where bankruptcy court properly denied trustee's Daubert motion as he failed to prove that debtor was insolvent at the time of the transfer. (Bankr. S.D.N.Y.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers.
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Court
:
- 11 U.S.C.
Sevastakis, In re--Coluccio v. Sevastakis
Sep
26
2018
Ruling
Debt was nondischargeable where debtor knowingly misrepresented his qualifications andobligations under the contract with the intent to deceive the township and plaintiffs. (Bankr.D.N.J.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
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Court
:
- 11 U.S.C.
Gifford, In re--N.J., Dep't of Labor & Workforce Div. of Unemployment & Disability Ins. v. Gifford
Sep
19
2018
Ruling
Debt was nondischargeable as debtor made misrepresentations to the creditor when she certified her eligibility for unemployment benefits and failed to properly and adequately disclose her part-time wages from a bank. (Bankr. D.N.J.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
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Court
:
Meserole, In re
Jan
24
2018
Ruling
Debtor's proposed modification to 2013 plan denied as it would extend payment to themortgagee several years past the five-year limitation. (Bankr. W.D.N.Y.)
Issue(s)
Modification of Plan After Confirmation; Duration of Payments.
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Court
:
Meserole, In re
Jan
24
2018
Ruling
Debtor's proposed modification to 2013 plan denied as it would extend payment to themortgagee several years past the five-year limitation. (Bankr. W.D.N.Y.)
Issue(s)
Modification of Plan After Confirmation; Duration of Payments.
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Court
:
- 11 U.S.C.
Arora, In re
Jan
17
2018
Ruling
Omission of ownership interest in an LLC constituted a false oath. (Bankr. D.N.J.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.
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Court
:
In re TVGA Eng'g, Surveying, PC
Dec
01
2016
Ruling
Safe harbor does not apply to payee where debtor’s bank was merely a substitute for cash.(Bankr. W.D.N.Y.)
Issue(s)
Limitations on Avoiding Powers; Margin or Settlement Payments.
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Court
:
- 11 U.S.C.
D'Youville Coll. v. Tucker (In re Tucker)
Nov
01
2016
Ruling
Non-subsidized debt owed to college for tuition was dischargeabe as it did not qualify asstudent loan debt. (Bankr. W.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.
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:
- 11 U.S.C.
Broadway Warehouse Co. v. Schmitt (In re Schmitt)
Aug
09
2016
Ruling
Discharge denied due to debtor’s failure to keep adequate books and records. (Bankr.W.D.N.Y.)
Issue(s)
Should debtor’s discharge be denied for failure to keep adequate records?
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Court
: