Kennedy, In re--Ruiz v. Kennedy
Feb
08
2017
Ruling
Debtor's discharge was denied for concealment of properties and accounts, destruction of financial transactions, and false statements under oath. (Bankr. D.N.J.)
Issue(s)
Discharge; Grounds for Denial.
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Court
:
( Judge Papalia ) [ Bankruptcy Court ]
- 11 U.S.C.
Ashland Inc. v. G-I Holdings Inc. (In re G-I Holdings, Inc.)
Dec
21
2016
Ruling
Mandatory abstention required as action could be timely adjudicated in state court. (Bankr.D.N.J.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Mandatory Abstention.
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Court
:
( Judge Gambaradella ) [ Bankruptcy 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
:
In re Roper & Twardowsky, LLC
Nov
04
2016
Ruling
Settlements with law firms approved as fair and equitable and in best interests of creditorsand estate. (Bankr. D.N.J.)
Issue(s)
Compromise and Arbitration.
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Court
:
( ) [ Bankruptcy 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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Court
:
In re Packaging Sys., LLC
Sep
30
2016
Ruling
Preconversion super-priority claim took precedence over postconversion administrativeexpense claims. (Bankr. D.N.J.)
Issue(s)
Should creditor’s pre-conversion super-priority claim subordinate all post-conversion chapter 7 administrative expenses?
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Court
:
( Judge Gravelle ) [ Bankruptcy Court ]
In re G-I Holdings, Inc.
Sep
09
2016
Ruling
City housing authority’s claims against asbestos trust were time barred. (Bankr. D.N.J.)
Issue(s)
Should asbestos claims of city housing authority be disallowed as time barred?
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Court
:
- 11 U.S.C.
Truong v. 325 Broadway Assocs. LLC (In re Truong)
Aug
30
2016
Ruling
Eviction of debtor did not violate the automatic stay where lease was properly terminatedprior to petition date. (Bankr. D.N.J.)
Issue(s)
Could debtor obtain an injunction and money damages against his commercial landlord, landlord's counsel, and landlord's officer for continuing an eviction proceeding in alleged violation of the automatic stay?
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Court
:
- 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
:
- 11 U.S.C.
Truocchio v. Smith
Jul
15
2016
Ruling
Award of fees to creditor’s attorneys denied.
Issue(s)
Whether attorneys' fees incurred by creditor in the prosecution of a personal injury action and subsequent nondischargeability proceeding, in which creditor prevailed, should be added to the judgment amount?
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Court
: