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District of new jersey

Howard, In re

Ruling
Court could not grant relief to allow entry of judgment based on pre-petition conduct ofdebtor. (Bankr. D.N.J.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on October 18, 2017 , LexisNexis #1117-095

LaRosa Greenhouse, LLP, In re

Ruling
Debtor was not barred from seeking a modification of its plan but may only modify its planif it meets its burden under 11 U.S.C. § 1229(b). (Bankr. D.N.J.)
Issue(s)
Modification of Plan After Confirmation; Requirements.

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Commercial opinion summary, case decided on August 31, 2017 , LexisNexis #1017-025

Hackler, In re--Hackler v. Arianna Holdings Co., LLC

Ruling
Tax sale foreclosure transfer could be avoided by debtors as it was deemed as preferentialtransfer. (Bankr. D.N.J.)
Issue(s)
Preferences; Avoidable Transfers.

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Consumer opinion summary, case decided on August 28, 2017 , LexisNexis #1017-019

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.)
Issue(s)
Discharge; Grounds for Revocation; Fraud.

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Consumer opinion summary, case decided on August 04, 2017 , LexisNexis #0917-019

Pilgrim Med. Ctr., Inc., In re--Nicholas v. Campanella

Ruling
Law firm was entitled to payment of reasonable fees and expenses from the medical center's bankruptcy estate where the work that the firm performed for the creditors protected their interests in the case. (Bankr. D.N.J.)
Issue(s)
Compensation of Officers.

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Commercial opinion summary, case decided on July 26, 2017 , LexisNexis #0917-036

Smiley, In re

Ruling
Debtor was not precluded from proposing a plan that bifurcated a claim as the claim wasbased on a consensual lien. (Bankr. D.N.J.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.

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Consumer opinion summary, case decided on July 12, 2017 , LexisNexis #0817-082

Chaudry, In re

Ruling
Marital tort claim deemed dischargeable as an adversary proceeding was not timely filed.(Bankr. D.N.J.)
Issue(s)
Determination of Dischargeability of a Debt; Time for Filing Complaint Under §

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Consumer opinion summary, case decided on July 10, 2017 , LexisNexis #0817-088

M&M Fuel Oil Trucking, Inc., In re--Edwards v. Reis

Ruling
Defendants held in civil contempt for failing to comply with the court's order or to offer anyevidence of their present inability to comply with it. (Bankr. D.N.J.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.

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Commercial opinion summary, case decided on July 10, 2017 , LexisNexis #0817-061

Tatum, In re

Ruling
Court allowed fees and expenses it found reasonable and was necessarily incurred in the circumstances. (Bankr. D.N.J.)
Issue(s)
Notice Relating to Claims Secured By Security Interest in the Debtor’s Principal Residence.

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Consumer opinion summary, case decided on May 12, 2017 , LexisNexis #0617-058

Larkin, In re

Ruling
Discharge granted to debtor where new evidence regarding gross neglect of the debtor's counsel undercut the finding of intent to deceive. (Bankr. D.N.J.)
Issue(s)
Discharge.

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Consumer opinion summary, case decided on March 21, 2017 , LexisNexis #0417-110