- 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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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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- 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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In re Byrne
Nov
13
2015
Ruling
Debtor not entitled to claim exemptions in life insurance and pension plan proceeds that were subject to state probate process.
Issue(s)
Should debtor be prohibited from claiming exemptions in connection with a pension and life insurance policy held by debtor's non-debtor deceased spouse?
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- 11 U.S.C.
In re Wrobel
Jul
23
2015
Ruling
Plan in case filed in part to address debt owed to debtor's divorce lawyers could be confirmed.
Issue(s)
Might a debtor who loses confidence in divorce attorneys but derived some benefit from their efforts, and purchased a homestead instead of paying significant fees, file chapter 13 bankruptcy to manage the debt?
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- 11 U.S.C.
Dots LLC v. Capstone Media (In re Dots LLC)
Jul
16
2015
Ruling
Prepayments for work performed by creditor were not on account of antecedent debt and not avoidable preferential transfers.
Issue(s)
Were debtors' payments to media services company made on account of antecedent debts and avoidable preferences?
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IDEA Boardwalk LLC v. Revel Entmt Grp. (In re Revel AC Inc.)
Jun
24
2015
Ruling
Tenants holding true leases retained lease rights despite sale of debtor landlord's assets.
Issue(s)
Were debtor's agreements with tenants true leases that would entitle tenants to protections afforded by § 365(h) or memorializations of some other form of contractual relationship that would allow debtor to reject the agreements?
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- 11 U.S.C.
In re Wrobel
Feb
12
2015
Ruling
Confirmation denied for bad faith due to debtor's prepetition conversion of nonexempt property to nonexempt in order to avoid making sufficient payments to former divorce counsel.
Issue(s)
Could debtor's plan be confirmed where debtor proposed to pay only 10 percent of debt to divorce attorneys despite having purchased exempt homestead prior to petition date with funds received in divorce settlement negotiated by those attorneys?
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- 11 U.S.C.
Ring v. First Niagra Bank (In re Sterling United Inc.)
Oct
03
2014
Ruling
Convoluted collateral description in series of UCC filings was not "seriously misleading" with respect to trustee and was not grounds for avoidance.
Issue(s)
Whether a needlessly convoluted description of collateral in a succession of U.C.C. financing statements causes a claim of security to fail as "seriously misleading" under N.Y. U.C.C. Law § 9-506.
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