Judge Poslusny

Kayati, In re

Ruling: 
Recusal motion was denied where debtor failed to raise any factual allegations indicating anybias or perceived bias. (Bankr. D.N.J.)
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Consumer case opionion summary, case decided on February 05,2018, LexisNexis #0418-026

Manley Toys Ltd., In re

Ruling: 
Court denied creditor's request for stay relief as to allow such would risk violating theequality of distribution of the assets of the debtor as to the other creditors of equal rank.(Bankr. D.N.J.)
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Commercial case opionion summary, case decided on February 23,2018, LexisNexis #0418-005

Manley Toys Ltd., In re

Ruling: 
Court granted liquidators' motion to recognize the Hong Kong proceeding as a foreign main proceeding as liquidation was commenced in Hong Kong rather than the United States. (Bankr. D.N.J.)
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Commercial case opionion summary, case decided on February 13,2018, LexisNexis #0318-115

Howard, In re

Ruling: 
Court could not grant relief to allow entry of judgment based on pre-petition conduct ofdebtor. (Bankr. D.N.J.)
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Consumer case opionion summary, case decided on October 18,2017, LexisNexis #1117-095

Faragasso, In re--Lancioni v. Faragasso

Ruling: 
Debtor's motion to dismiss partners' complaint to revoke debtor's discharge granted aspartners cannot satisfy the requirement that they did not know of debtor's alleged fraud priorto the discharge. (Bankr. D.N.J.)
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Consumer case opionion summary, case decided on August 04,2017, LexisNexis #0917-019

Giuliano v. Ernst & Young LLP (In re RIH Acquisitions NJ LLC)

Ruling: 
Disinterestedness is not at issue in the hiring of ordinary course professionals and not a bar to a related preference proceeding.
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Commercial case opionion summary, case decided on May 24,2016, LexisNexis #0616-073

In re Simms

Before the court was debtor's Amended Chapter 13 plan and the objection to confirmation thereto by the Chapter 13 Trustee. The court held a confirmation hearing on November 9, 2010, at which the parties presented arguments and the court took the matter under advisement.
Ruling: 
Confirmation denied where debtor did not take marital adjustment and did not include all of non-debtor spouse's income in disposable income calculation.
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Consumer case opionion summary, case decided on June 30,2011, LexisNexis #0811-068
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