Fioriglio, In re
Mar
27
2018
Ruling
Court ruled that debtor was ineligible to be a debtor under chapter 13 as his secured debts exceeded the limit imposed by § 109(e). (Bankr. E.D.N.Y.)
Issue(s)
Who May Be a Debtor; Chapter 13.
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Court
:
- 11 U.S.C.
Lafemina, In re
Sep
30
2017
Ruling
Relief from automatic stay granted as the disputes had already been heard by the arbitratorand the forum of convenience would not prejudice any of the parties in interest. (Bankr.E.D.N.Y.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.
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Court
:
- 11 U.S.C.
Messer v. Gao (In re Gao)
Sep
30
2016
Ruling
Discharge denied due to false financial statements made by debtor under oath. (Bankr.E.D.N.Y.)
Issue(s)
Should discharge be denied where debtor concealed the fact that he previously owned a 5% interest in an LLC?
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Court
:
- 11 U.S.C.
Buckskin Realty, Inc. v. Windmont Homeowners Ass'n (In re Buckskin Realty, Inc.)
Sep
23
2016
Ruling
Bankruptcy court review of foreclosure judgment prevented by the Rooker-Feldman doctrine.(Bankr. E.D.N.Y.)
Issue(s)
Could bankruptcy court review and vacate state court foreclosure judgment?
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Court
:
In re Trocom Constr. Corp.
Sep
01
2016
Ruling
Late filed proof of claim disallowed in absence of excusable neglect. (Bankr. E.D.N.Y.)
Issue(s)
Should creditor’s late-filed proof of claim be allowed?
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Court
:
- 11 U.S.C.
Edge Capital LLC v. JA Funding Inc. (In re 364 N.B.E. Corp.)
Dec
29
2015
Ruling
Deed in lieu of foreclosure was not a constructively fraudulent transfer but rather a mortgage subject to right of redemption.
Issue(s)
Was a deed-in-lieu of foreclosure the equivalent of a mortgage under state law, or alternatively, was the recordation of the deed-in-lieu by the creditor a constructive fraudulent conveyance, that could be avoided?
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Court
:
Peiris v. Ocwen Loan Servicing LLC (In re Peiris)
Sep
30
2015
Ruling
Debtor could strip off wholly unsecured lien on residence even though a proof of claim had not been filed.
Issue(s)
Could debtors strip off an unsecured junior lien on their residence where there was no proof of claim filed for the debt the lien was intended to secure?
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Court
:
- 11 U.S.C.
Munoz v. Boyard (In re Boyard)
Sep
24
2015
Ruling
Arbitration award based on embezzlement was nondischargeable.
Issue(s)
Was arbitration award based on embezzlement nondischargeable?
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Court
:
- 28 U.S.C.
JC Ryan EBCOH&G LLC v. Cyber-Struct Inc. (In re Fierro)
May
29
2015
Ruling
Bankruptcy court permissively abstained from hearing debtor's motion to vacate state court judgment concerning failure to pay subcontractors.
Issue(s)
Should bankruptcy court abstain from hearing debtor's motion to vacate state court judgment for failure to pay subcontractors on a construction project?
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Court
:
- 11 U.S.C.
In re 300 Wash. St. LLC
Mar
31
2015
Ruling
City's ad valorem tax claim disallowed to the extent exceeding value of debtor's property.
Issue(s)
Should chapter 11 case be dismissed or was city entitled to relief from stay to foreclose on debtor's vacant building?
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Court
: