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northern district of new york

Katsiroumbas, In re--Suits v. Katsiroumbas

Ruling
Discharge was denied as documentary evidence produced by debtor was contradictory and incomplete, and thus insufficient to allow assessment of his financial condition, and testimony did not adequately resolve the ambiguities. (Bankr. N.D.N.Y.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on August 01, 2018 , LexisNexis #0918-055

Morse, In re--Estate of Rossi v. Morse

Ruling
Debt excepted from discharge as debtor willfully and maliciously converted trust funds toher own use. (Bankr. N.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on July 26, 2018 , LexisNexis #0918-010

Caswell, In re

Ruling
Motion to dismiss amended complaint denied in part where plaintiffs' failure to name the real party in interest was neither tactical nor dishonest and did not subject defendants to additional liability. (Bankr. M.D.N.C.)
Issue(s)
Determination of Dischargeability of a Debt; Persons Entitled to File Complaint.

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Consumer opinion summary, case decided on July 02, 2018 , LexisNexis #0818-060

Madigan, In re--Straight Line, LLC v. Madigan

Ruling
Court ruled debt was nondischargeable where debtor confessed his embezzlement andintended for the plaintiffs to suffer a loss equal to the amount of cash he willfully embezzled.(Bankr. N.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 May 08, 2018 , LexisNexis #0618-047

Burbridge, In re

Ruling
Court ruled that the right to voluntarily dismiss remained absolute. (Bankr. N.D.N.Y.)
Issue(s)
Conversion or Dismissal; Dismissal on Request of Debtor.

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Consumer opinion summary, case decided on May 03, 2018 , LexisNexis #0618-022

Miller, In re

Ruling
Debtor's case dismissed as he has failed to provide all information requested and failed to appear for multiple continuations of the first meeting of creditors. (Bankr. N.D.N.Y.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.

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Consumer opinion summary, case decided on March 08, 2018 , LexisNexis #0418-049

Prisco, In re

Ruling
Debtor's motion for reconsideration denied where creditor properly opposed each and everyalleged violation of the discharge injunction. (Bankr. N.D.N.Y.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief.

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Consumer opinion summary, case decided on February 08, 2018 , LexisNexis #0318-073

RainTree Healthcare of Forsyth LLC, In re

Ruling
Bankruptcy Administrator's motion to dismiss debtor's case granted as liquidation wouldlikely produce little to no benefit to creditors and the estate. (Bankr. M.D.N.C.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; When Required.

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Commercial opinion summary, case decided on February 07, 2018 , LexisNexis #0318-081

Young, In re--Lanik v. Young

Ruling
Trustee's motion seeking avoidance of a transfer denied as trustee failed to prove that a transfer of an undivided interest in a parcel of real estate constituted a constructive fraudulent transfer. (Bankr. M.D.N.C.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.

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Consumer opinion summary, case decided on January 17, 2018 , LexisNexis #0218-101

Bush, In re

Ruling
Bankruptcy case could not be dismissed as debtor's former wife failed to show evidence ofundervalued property. (Bankr. N.D.N.Y.)
Issue(s)
Conversion or Dismissal; For Cause.

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Consumer opinion summary, case decided on December 19, 2017 , LexisNexis #0218-027