Jacobs, In re
Feb
01
2018
Ruling
Creditor's motion to dismiss debtor's case denied as driving carelessly without liabilityinsurance did not rise to a finding of bad faith. (Bankr. W.D.N.Y.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.
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Court
:
Rogers, In re--Snider v. Rogers
Jan
25
2018
Ruling
Trustee's motion to dismiss granted where debtor filed his chapter 12 case in bad faith. (Bankr.W.D.N.Y.)
Issue(s)
Conversion or Dismissal; Dismissal for Cause on Request of Party in Interest.
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Court
:
Rogers, In re--Snider v. Rogers
Jan
25
2018
Ruling
Trustee's motion to dismiss granted where debtor filed his chapter 12 case in bad faith. (Bankr.W.D.N.Y.)
Issue(s)
Conversion or Dismissal; Dismissal for Cause on Request of Party in Interest.
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Court
:
- 11 U.S.C.
Oyarzun, In re
Dec
21
2017
Ruling
Debtors' request for waiver of credit counseling was dismissed for failure to demonstrate that they suffer from a physical or mental disability. (Bankr. W.D.N.Y.)
Issue(s)
Who May Be a Debtor; Mandatory Credit Counseling; Incapacity, disability or Active Military Duty.
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Court
:
- 11 U.S.C.
Gunsalus v. Ont. Cty.
Nov
06
2017
Ruling
Court dismissed the complaint in each adversary proceedings after it held that a tax lien foreclosure action, conducted in strict compliance with New York's Article 11 RPTL, was conclusively presumed to have provided reasonably equivalent value. (Bankr. W.D.N.Y.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.
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Court
:
Phillips, In re--McInnis v. Phillips
Sep
20
2017
Ruling
Claim was dismissed where relief could not be granted as debtors' debts were not consumer debts. (Bankr. E.D.N.C.)
Issue(s)
Defenses and Objections -- When and How Presented -- By Pleading or Motion -- Motion for Judgment on the Pleadings; Applicability of Rule 12(b)--(i) F.R.Civ.P.
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Court
:
Price, In re
Sep
14
2017
Ruling
Automatic stay granted in a bankruptcy case operates to provide relief to the debtor fromimmediate payment of debts to creditors. (Bankr. E.D.N.C.)
Issue(s)
Automatic Stay; Scope.
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Court
:
- 11 U.S.C.
Heskell, In re
Aug
29
2017
Ruling
Property could not be considered as a property of the estate as the debtor failed to redeem theproperty and failed to seek to vacate the judgment of foreclosure under New York RealProperty Tax Law. (Bankr. W.D.N.Y.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; All Legal or Equitable Interests.
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Court
:
- 11 U.S.C.
Greene, In re
Aug
18
2017
Ruling
Creditor willfully violated the stay ordered by the court, thus causing injury to the debtor andentitling the latter to attorney's fees. (Bankr. W.D.N.Y.)
Issue(s)
Automatic Stay; Remedies for Violation; Damages For Willful Violation of Stay.
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Court
:
Wynn, In re
Jul
27
2017
Ruling
Conversion or dismissal was warranted where the debtor's confirmed plan was a sale plan but the debtor was unwilling to sell his properties. (Bankr. W.D.N.Y.)
Issue(s)
Conversion or Dismissal; For Cause.
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Court
: