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Hamilton Rd. Realty LLC, In re

Ruling
Trustee could sell debtor's real property free and clear of all liens by subordinating tax liensand compelling lienors to accept payment in satisfaction. (Bankr. E.D.N.Y.)
Issue(s)
Use, Sale, or Lease of Property; When Property May Be Sold Free and Clear of Any

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Commercial opinion summary, case decided on April 26, 2021 , LexisNexis #0621-028

Jimenez, In re--Johnson v. Lovato

Ruling
Fraudulent transfer proceeding based on state law that would not benefit the estate wasdismissed as bankruptcy court lacked subject matter jurisdiction. (Bankr. S.D. Fla.)
Issue(s)
Bankruptcy Cases and Proceedings; Proceedings Arising Under or Arising In

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Consumer opinion summary, case decided on April 21, 2021 , LexisNexis #0621-023

Diamond, In re--Pergament v. Diamond

Ruling
Court granted trustee's motion to amend the complaint to cure the caption defect because hewas not seeking to assert any additional claims or add parties to the action. (Bankr. E.D.N.Y.)
Issue(s)
Determination of Dischargeability of a Debt.

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Consumer opinion summary, case decided on February 09, 2021 , LexisNexis #0321-074

Soussis, In re

Ruling
Request for reduction or disgorgement of the entire fee of the Chapter 13 trustee denied as thecourt had no authority to fix the fees and could not use the equitable powers under U.S.C. §105. (Bankr. E.D.N.Y.)
Issue(s)
Power of Court.

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Consumer opinion summary, case decided on November 12, 2020 , LexisNexis #1220-076

Seven Stars on the Hudson Corp., In re

Ruling
Case was dismissed for failure to meet statutory deadlines as debtor elected to proceed underSubchapter V after the applicable deadlines had passed. (Bankr. S.D. Fla.)
Issue(s)
Status conference; In general.

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Commercial opinion summary, case decided on August 07, 2020 , LexisNexis #0920-070

Meyer, In re--Bissett Nursery Corp. v. Meyer

Ruling
Creditor's complaint for denial of discharge dismissed as joint debtor wife did not intentionally fail to comply with a discovery order. (Bankr. E.D.N.Y.)
Issue(s)
Discharge; Grounds for Denial; Refusal to Obey Court Order; Any Lawful Order.

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Consumer opinion summary, case decided on July 09, 2020 , LexisNexis #0820-093

Joe's Friendly Serv. & Son, Inc., In re--Bethpage Fed. Credit Union v. Town of Huntington

Ruling
Adversary proceeding alleging malfeasance in bankruptcy court-ordered sale was a core proceeding. (Bankr. E.D.N.Y.)
Issue(s)
Use, Sale, or Lease of Property; Notice and Hearing.

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Commercial opinion summary, case decided on June 11, 2020 , LexisNexis #0720-079

Ventura, In re

Ruling
Debtor could avail herself of the postpetition Small Business Reorganization Act of 2019 toamend her petition to propose mortgage modification. (Bankr. E.D.N.Y.)
Issue(s)
Contents of Plan.

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Consumer opinion summary, case decided on April 10, 2020 , LexisNexis #0620-020

Benitez, In re

Ruling
Nunc pro tunc approval of retention of professionals was not necessary as there was no per seprohibition against awarding reasonable compensation for pre-approval services. (Bankr.E.D.N.Y.)
Issue(s)
Compensation of Officers.

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Consumer opinion summary, case decided on March 13, 2020 , LexisNexis #0420-076

Golan, In re

Ruling
Creditor violated the automatic stay when it appeared at a sentencing hearing and advocated acontempt purge provision requiring the debtor to pay. (Bankr. E.D.N.Y.)
Issue(s)
Automatic Stay; Exceptions; Criminal Proceedings.

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Consumer opinion summary, case decided on December 19, 2019 , LexisNexis #0220-005