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Nat'l Reality Inv. Advisors, LLC, In re

Ruling
Creditors’ claims subordinated because they ignored signs of fraud, enabling Ponzi scheme and harming other creditors. (Bankr. D.N.J.)
Issue(s)
Subordination; Equitable Subordination.

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Commercial opinion summary, case decided on May 15, 2025 , LexisNexis #0725-060

Aurangzaib, In re--Chun v. Aurangzaib

Ruling
Complaint in nondischargeability proceeding dismissed without prejudice due to failure to plead with particularity. (Bankr. D.N.J.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.

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Consumer opinion summary, case decided on January 10, 2025 , LexisNexis #0325-037

Ladika, In re--Ladika v. Bank of N.Y.

Ruling
Minor error did not negate prima facie validity of claim based on foreclosure judgment. (Bankr. D.N.J.)
Issue(s)
Proof of Claim.

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Consumer opinion summary, case decided on November 07, 2024 , LexisNexis #0125-074

In re Bendezu

Ruling
Late filed proof of claim disallowed where creditor found out about debtor’s bankruptcy 45 days prior to bar date.
Issue(s)
Was unscheduled creditor who learned of debtor’s filing 45 days prior to bar date be allowed to file a late proof of claim?

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Consumer opinion summary, case decided on June 17, 2016 , LexisNexis #0716-042

In re Hoffmann

Ruling
Debtor could not modify first mortgage on primary residence that included a guesthouse also used as part of the residence.
Issue(s)
Could debtor cram down a first mortgage secured by property other than the Debtor's principal residence, namely a detached 420 square foot guesthouse on the same parcel as the principal residence?

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Consumer opinion summary, case decided on May 23, 2016 , LexisNexis #0616-102

Kartzman v. Peachtree Special Risk Brokers (In re John A. Rocco Co.)

Ruling
Commissions received by a wholesale insurance broker were avoidable preferences.
Issue(s)
Whether transferee was the initial transferee from whom the preference payment can be recovered or if the "mere conduit" defense precludes liability?

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Commercial opinion summary, case decided on May 18, 2016 , LexisNexis #0616-056

Sywilok v. IRS (In re Gianninoto)

Ruling
Trustee could avoid mortgage by virtue of status as bona fide purchaser.
Issue(s)
Could trustee avoid mortgage that was not recorded prior to petition date?

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Consumer opinion summary, case decided on October 16, 2015 , LexisNexis #1115-057