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Roselli Moving & Storage Corp., In re

Ruling
Bank could not block trustee's final report and plan for distributing assets to creditors as it no longer had a secured claim against the estate's assets. (Bankr. E.D.N.Y.)
Issue(s)
Postpetition Effect of Security Interest.

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Commercial opinion summary, case decided on June 07, 2017 , LexisNexis #0717-050

Osuji, In re

Ruling
Motion for relief from the bankruptcy stay was granted so as to allow the bank to enforce a mortgage against the bankruptcy debtor. (Bankr. E.D.N.Y.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Consumer opinion summary, case decided on May 09, 2017 , LexisNexis #0617-034

Kern, In re--Bd. of Trs. of the Sheet Metal Workers Int'l Ass'n v. Kern

Ruling
Debtor committed defalcation while acting in a fiduciary capacity when he shifted thecompany's financial obligation on to the employees and when he caused the company to notremit deductions to the benefit funds of the employees. (Bankr. E.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.

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Consumer opinion summary, case decided on April 09, 2017 , LexisNexis #0517-069

Mackey, In re

Ruling
Debtor was ineligible to be a debtor where his certificate of credit counseling was invalidated as his wife attended the counseling in his behalf without disclosing it to the court. (Bankr. E.D.N.Y.)
Issue(s)
Who May Be a Debtor; Mandatory Credit Counseling.

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Consumer opinion summary, case decided on March 21, 2017 , LexisNexis #0517-092

Addams, In re

Ruling
Debtor's inability to propose a viable plan was deemed to be an unreasonable delay that was prejudicial to creditors warranting dismissal of the case. (Bankr. E.D.N.Y.)
Issue(s)
Conversion or Dismissal; For Cause; Unreasonable Delay.

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Consumer opinion summary, case decided on March 09, 2017 , LexisNexis #0417-054

Belmonte, In re--Jones v. Dillard-Doss

Ruling
Trustee's motion for default judgment was denied as defendant's motion for extension of timeto file an answer was not construed as a willful failure to asnwer. (Bankr. E.D.N.Y.)
Issue(s)
Default.

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Consumer opinion summary, case decided on February 28, 2017 , LexisNexis #0417-026

In re Olympia Office LLC

Ruling
LLC's application to hire law firm controlled by debtor's first cousins was approved but with arequirement that no compensation could be paid to the firm except upon proper applicationand by further order of the court. (Bankr. E.D.N.Y.)
Issue(s)
Employment of Professional Persons.

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Commercial opinion summary, case decided on January 09, 2017 , LexisNexis #0217-027

In re Dinardo

Ruling
Deadline for U.S. Trustee to file a ten-day statement runs from date of conclusion of meetingof creditors. (Bankr. D. Conn.)
Issue(s)
Should chapter 7 debtor’s case be dismissed for abuse?

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Consumer opinion summary, case decided on October 04, 2016 , LexisNexis #1016-125

In re Chan

Ruling
Attorney who did not sign or file emergency motion for stay was not subject to sanctions.(Bankr. E.D.N.Y.)
Issue(s)
Should attorney be sanctioned for emergency motion to impose the automatic stay?

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Consumer opinion summary, case decided on August 15, 2016 , LexisNexis #0916-035

Jones v. Brand (In re Belmonte)

Ruling
Motion for judgment on pleadings in avoidance proceeding denied.
Issue(s)
Should jury demand be stricken and summary judgment be granted in avoidance proceeding?

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Consumer opinion summary, case decided on June 28, 2016 , LexisNexis #0716-078