- 11 U.S.C.
Marini v. Adamo (In re Adamo)
Oct
31
2016
Ruling
State court judgment for fraud was nondischargeable. (Bankr. E.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
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Court
:
In re Shukla
Apr
18
2016
Ruling
Chapter 13 case dismissed due to unsecured debt in excess of applicable limits.
Issue(s)
Whether debtor was ineligible under chapter 13 because the proposed plan called for a judgment lien to be bifurcated leaving an unsecured portion exceeding the statutory limitation of $383,175?
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Court
:
- 11 U.S.C.
Pergament v. v. Thilman (In re Thilman)
Mar
24
2016
Ruling
Discharge revoked due to debtor's disregard of the discovery process.
Issue(s)
Should debtor be sanctioned based on failure to obey this Court's orders dated December 23, 2014 and July 9, 2015 court orders directing him to produce certain documents and appear for a deposition?
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Court
:
In re Adamo
Mar
04
2016
Ruling
Conversion to chapter 7 denied.
Issue(s)
Should chapter 11 case be converted to chapter 7 due to a substantial or continuing loss to or diminution of the estate and the absence of a reasonable likelihood of rehabilitation?
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Court
:
- 11 U.S.C.
In re Barkany
Dec
29
2015
Ruling
Attorney whose firm represented the president of a company to which debtor loaned money was a disinterested party and could serve as chapter 7 trustee.
Issue(s)
Whether a permanent trustee elected under 11 U.S.C.S. § 702 had to be a disinterested person and, if so, whether the election candidate for permanent trustee in the instant case was disinterested and was free of any disabling conflict of interest.
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Court
:
In re Barkany
Dec
29
2015
Ruling
Creditors group's fraudulent transfer claims did not create interest adverse to other creditors and the group was eligible to vote for the chapter 7 trustee.
Issue(s)
Whether creditor held an interest materially adverse to other creditors of the bankruptcy estate and was therefore ineligible to request for and vote at the election of the permanent chapter 7 trustee?
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Court
:
- 11 U.S.C.
In re Hale
Aug
03
2015
Ruling
Motion to reimpose stay as to debtor denied but stay remained in effect as to property of the estate.
Issue(s)
Whether the automatic stay may be extended or re-imposed after the statutory termination date and whether termination of the automatic stay applies to property of the estate as well as to the debtor?
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Court
:
- 11 U.S.C.
Thilman v. Thilman (In re Thilman)
Jul
09
2015
Ruling
Debtor's failure to appear at deposition or respond to discovery order was not immediate grounds for revocation of discharge.
Issue(s)
Should debtor's discharge be denied due to failure to appear for deposition or to comply with discovery orders?
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Court
:
- 11 U.S.C.
Pergament v. Thilman (In re Thilman)
Jul
09
2015
Ruling
Debtor's failure to appear at deposition or respond to discovery order was not immediate grounds for revocation of discharge.
Issue(s)
Should debtor's discharge be denied due to failure to appear for deposition or to comply with discovery orders?
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Court
:
- 11 U.S.C.
In re Hanson
Feb
27
2015
Ruling
Trustee not entitled to fees and costs incurred prosecuting motion to dismiss debtor's case for abuse.
Issue(s)
Was trustee entitled to an award of attorneys' fees and costs incurred in connection with the successful prosecution of a motion to dismiss debtor's case for abuse?
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Court
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