Melnik, In re--Reddy v. Melnik
Sep
28
2018
Ruling
Debt was dischargeable as the plaintiffs failed to prove the requisite elements of materiality, reliance, and fraudulent intent. (Bankr. N.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
ABI Membership is required to access the full summary of Melnik, In re--Reddy v. Melnik Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Morse, In re--Estate of Rossi v. Morse
Jul
26
2018
Ruling
Debt excepted from discharge as debtor willfully and maliciously converted trust funds toher own use. (Bankr. N.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
ABI Membership is required to access the full summary of Morse, In re--Estate of Rossi v. Morse Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Baessler, In re--Dave v. Baessler
Jul
19
2018
Ruling
Debt was excepted from discharge as debtor intentionally misrepresented that he was a licensed contractor and his of qualification led to faulty construction that required costly repairs. (Bankr. W.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
ABI Membership is required to access the full summary of Baessler, In re--Dave v. Baessler Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 28 U.S.C.
IO at Tech Ridge LP, In re--IO at Tech Ridge LP v. Hartford Fire Ins. Co.
May
03
2018
Ruling
Permissive abstention was appropriate as litigation could be timely completed in state court.(Bankr. W.D. Tex.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.
ABI Membership is required to access the full summary of IO at Tech Ridge LP, In re--IO at Tech Ridge LP v. Hartford Fire Ins. Co. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Trinity River Res., LP, In re
Apr
18
2018
Ruling
Trustee could not hold funds in reserve pending a ruling in adversary as there would be no prompt cure as required by 11 U.S.C.S. § 365(b)(1). (Bankr. W.D. Tex.)
Issue(s)
Executory Contracts and Unexpired Leases; Effect of Existing Defaults; Requirements for Assumption.
ABI Membership is required to access the full summary of Trinity River Res., LP, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Miller, In re
Mar
08
2018
Ruling
Debtor's case dismissed as he has failed to provide all information requested and failed to appear for multiple continuations of the first meeting of creditors. (Bankr. N.D.N.Y.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.
ABI Membership is required to access the full summary of Miller, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Morgan, In re
Dec
12
2017
Ruling
No violation of discharge injunction in credit union's response to debtor's inquiry that alldelinquent account balances should be paid in full to reinstate or activate a new checkingaccount. (Bankr. N.D.N.Y.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.
ABI Membership is required to access the full summary of Morgan, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Erickson, In re--Prado v. Erickson
Sep
29
2017
Ruling
Debt could not be excepted from discharge as there was no connection between the fraudulenttransfer scheme and the debt. (Bankr. W.D. Tex.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
ABI Membership is required to access the full summary of Erickson, In re--Prado v. Erickson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Romanowski, In re
Aug
04
2017
Ruling
Court denied debtor's application for a permanent waiver of the prepetition credit counselingrequirement and the financial management course. (Bankr. N.D.N.Y.)
Issue(s)
Who May Be a Debtor; Mandatory Credit Counseling; Approved Nonprofit Agency.
ABI Membership is required to access the full summary of Romanowski, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Sharak, In re
May
18
2017
Ruling
Debtor's motion against loan servicer seeking sanctions against it for civil contempt grantedwhere mortgage statements from the servicer constituted a violation of the dischargeinjunction. (Bankr. N.D.N.Y.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to
ABI Membership is required to access the full summary of Sharak, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: