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Ditech Holding Corp., In re

Ruling
There was no basis for the court to order the U.S. Trustee and/or the Attorney General tointervene on claimant's behalf in proceeding to compel debtor to amend schedules. (Bankr.S.D.N.Y.)
Issue(s)
Intervention.

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Commercial opinion summary, case decided on September 29, 2023 , LexisNexis #1223-048

Ditech Holding Corp., In re

Ruling
Trustee's objection to pro se claimant's unsecured claim for various alleged violations by thedebtor was sustained as the claims were not properly alleged or supported. (Bankr. S.D.N.Y.)
Issue(s)
Allowance of Claims or Interests.

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Commercial opinion summary, case decided on July 29, 2023 , LexisNexis #0923-084

Santino, In re

Ruling
Court granted a Chapter 15 petition and recognition of a Bulgarian Bankruptcy Proceeding asthe debtor met the Code requirements. (Bankr. S.D.N.Y.)
Issue(s)
Order Granting Recognition.

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Consumer opinion summary, case decided on July 24, 2023 , LexisNexis #0923-098

Ditech Holding Corp., In re

Ruling
Confirmation of second amended plan was denied to the extent that it purported to limitconsumer creditors' ability to assert rights of recoupment against the buyers of planned saletransactions under applicable non-bankruptcy law. (Bankr. S.D.N.Y.)
Issue(s)
Confirmation of Plan; Requirements.

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Commercial opinion summary, case decided on August 28, 2019 , LexisNexis #1019-068

Marcano, In re

Ruling
Automatic stay did not go into effect on the petition date as debtor had two cases pendingwithin the prior year. (Bankr. S.D.N.Y.)
Issue(s)
Automatic Stay; Duration; Cases Filed Within One Year of Dismissal of Two or

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Consumer opinion summary, case decided on June 24, 2019 , LexisNexis #0819-080

Ditech Holding Corp., In re

Ruling
Debtors failed to establish cause to excuse them from collateralizing five bank accounts.(Bankr. S.D.N.Y.)
Issue(s)
Money of Estates; Requirements of Non-U.S. Guaranteed Entities with Which Deposit or

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Commercial opinion summary, case decided on June 24, 2019 , LexisNexis #0819-077

Cil Ltd., In re--LaMonica v. CEVA Grp., PLC

Ruling
Trustee could not avoid foreign equity transfer he deemed as fraudulent. (Bankr. S.D.N.Y.)
Issue(s)
Fraudulent Transfers and Obligations.

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Commercial opinion summary, case decided on January 05, 2018 , LexisNexis #0218-048

Scott, In re--Scott v. Am. Sec. Ins. Co.

Ruling
Chapter 13 debtor did not have standing to exercise trustee's avoidance powers. (Bankr.S.D.N.Y.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers; Extent

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Consumer opinion summary, case decided on June 13, 2017 , LexisNexis #0717-074

Geron v. Holding Capital Grp. Inc. (In re PBS Foods LLC)

Ruling
Landlord's motion to set aside settlement denied.
Issue(s)
Did grounds exist to set aside a settlement of trustee's proceeding to recover proceeds management company received under licensing agreement with debtor?

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Consumer opinion summary, case decided on April 08, 2016 , LexisNexis #0516-035

Chapter 7 Tr. of Big Apple Volkswagen LLC v. Salim (In re Big Apple Volkswagen)

Ruling
Transfers could be avoided and recovered from initial transferee.
Issue(s)
Could the trustee avoid and recover as fraudulent and preferential debtor's prepetition transfer of estate funds and the transferee's subsequent transfer of real property?

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Commercial opinion summary, case decided on March 17, 2016 , LexisNexis #0416-058