- 28 U.S.C.
Coast, LLC (Adventure Coast, LLC), Northwest Ga. Factoring Grp. v. Adventure
May
12
2025
Ruling
Court barred debtor from removing state court case against debtor’s principal as debtor was not a named party. (Bankr. N.D. Ga.)
Issue(s)
Removal of Claims Related to Bankruptcy.
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Court
:
- 11 U.S.C.
Golden, In re--Golden v. Nat'l Collegiate Student Loan Trust 2006-4
May
07
2025
Ruling
Student and bar loans deemed potentially dischargeable as one exceeded cost of attendance and the other was not for qualified education expenses. (Bankr. E.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans.
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Court
:
Hyatt, In re
Mar
26
2025
Ruling
Proposed settlement improperly sought to recover administrative expenses from the debtor's exempt homestead proceeds by effectively transferring the exempt funds to the IRS and having the trustee recover those funds from the IRS liens without reducing the IRS claim against the debtor. (Bankr. E.D.N.Y.)
Issue(s)
Determination of Secured Status; Trustee’s Costs and Expenses.
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Campanella, In re
Feb
28
2025
Ruling
Reconsideration of stay relief denied as debtors' failure to raise argument about additional collateral securing creditor's claim at the initial hearing was not due to mistake, inadvertence, surprise, or excusable neglect. (Bankr. S.D. Fla.)
Issue(s)
Automatic Stay; Relief from Stay.
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Court
:
- 11 U.S.C.
Miranda, In re--Miranda v. TLB 2019 LLC
Jan
17
2025
Ruling
Disparity between tax lien sale price and valuation at time of transfer demonstrated a lack of reasonably equivalent value for allegedly fraudulent transfer. (Bankr. E.D.N.Y.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.
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Court
:
- 11 U.S.C.
Home Bldg. Corp., In re
Jan
17
2025
Ruling
Fee petition denied where the debtor's counsel did not provide services that were reasonably likely to benefit the estate and the case was filed solely to delay secured creditor. (Bankr. E.D.N.Y.)
Issue(s)
Compensation of Officers.
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Court
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Richmond Hospitality LLC, In re--Richmond Hospitality LLC v. Shaughnessy
Jan
14
2025
Ruling
Chapter 11 debtor in possession has the rights and powers of a trustee and had standing to assert equitable subordination claim, which was sufficiently alleged. (Bankr. E.D.N.Y.)
Issue(s)
Subordination; Equitable Subordination.
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Court
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Daly, In re
Jan
08
2025
Ruling
Further prosecution of prepetition action was barred by the discharge injunction but claims for declaratory relief unrelated to personal liability could proceed. (Bankr. S.D. Fla.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief.
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Court
:
- 11 U.S.C.
Ribotsky, In re
Jan
06
2025
Ruling
Debt was nondischargeable where debtor made material omissions and misrepresentations to investors regarding redemption requests, the reason for combining investment funds, and the valuation of portfolio companies. (Bankr. E.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debt Relating to Securities Violations; Federal or Common Law.
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Court
:
- 11 U.S.C.
Ali, In re
Dec
26
2024
Ruling
Conversion from Chapter 7 to Chapter 13 denied as debtor failed to establish proposed third party contributions were sufficiently stable and regular to enable her to fund the 100% repayment plan. (Bankr. E.D.N.Y.)
Issue(s)
Conversion.
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Court
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