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Westinghouse Elec. Co., LLC, In re

Ruling
Permission to file a tardy administrative expense claim denied as creditor and his counselmade a deliberate tactical decision not to proceed in this bankruptcy court. (Bankr. S.D.N.Y.)
Issue(s)
Allowance of Administrative Expenses; Filing of Requests for Payment.

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Commercial opinion summary, case decided on February 15, 2022 , LexisNexis #0422-011

Village Red Rest. Corp., In re--Graham v. Serafis

Ruling
Chapter 11 Plan Administrator had standing to pursue his avoidance claims because therewere creditors before the transfers who remained unpaid at the time of the bankruptcy filing.(Bankr. S.D.N.Y.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers.

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Commercial opinion summary, case decided on August 31, 2021 , LexisNexis #1021-065

Bicomny, LLC, In re--Jalbert v. Flom

Ruling
Transfers by debtors owned by LLC to an owner of the LLC while insolvent and withoutconsideration were avoidable. (Bankr. S.D.N.Y.)
Issue(s)
Trustee as Lien Creditor and as Successor to Certain Creditors and Purchasers.

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Commercial opinion summary, case decided on August 05, 2021 , LexisNexis #0921-091

Wildenstein, In re--Regal Jewelry & Gift Shop, LLC v. Wildenstein

Ruling
Debt was nondischargeable where debtor deliberately misled plaintiff as to her intent toinduce plaintiff to sell jewelry to her in exchange for post-dated checks. (Bankr. S.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Commercial opinion summary, case decided on March 24, 2021 , LexisNexis #0521-036

Wildenstein, In re--Regal Jewelry & Gift Shop, LLC v. Wildenstein

Ruling
Debt was nondischargeable where debtor deliberately misled plaintiff as to her intent toinduce plaintiff to sell jewelry to her in exchange for post-dated checks. (Bankr. S.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Commercial opinion summary, case decided on March 24, 2021 , LexisNexis #0521-036

VP Williams Trans, LLC, In re

Ruling
Creditor's election of secured status for claim based on security interest in debtor’s taximedallion was timely, effective and not waived. (Bankr. S.D.N.Y.)
Issue(s)
Claims and Interests; Claims Secured by Liens.

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Commercial opinion summary, case decided on September 29, 2020 , LexisNexis #1120-045

BICOM NY, LLC, In re--Jalbert v. Gryaznova

Ruling
A woman seeking permanent residency was entitled to dismissal of an avoidance proceedingas she did not have knowledge, dominion and control on the funds debtor passed throughtheir joint account. (Bankr. S.D.N.Y.)
Issue(s)
Liability of Transferee of Avoided Transfer.

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Commercial opinion summary, case decided on September 21, 2020 , LexisNexis #1120-013

Westinghouse Elec. Co. LLC v. S.C. Pub. Serv. Auth

Ruling
Creditor's motion to dismiss adversary proceeding for lack of subject matter jurisdictiondenied as the disputes implicated the bankruptcy court's prior orders and the transactionsapproved by the court. (Bankr. S.D.N.Y.)
Issue(s)
Procedures.

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Commercial opinion summary, case decided on July 29, 2019 , LexisNexis #0919-098

Direct Access, In re

Ruling
Trustee's fraudulent transfer claims dismissed where he failed to prove that any transfers weremade with the actual intent to hinder, delay, or defraud creditors. (Bankr. S.D.N.Y.)
Issue(s)
Fraudulent Transfers and Obligations.

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Consumer opinion summary, case decided on May 30, 2019 , LexisNexis #0819-040

Manhattan Jeep Chrysler Dodge, Inc., In re

Ruling
Objections to the adequacy of the disclosure of debtor's plan overruled as untimely filed andbecause debtor established that the plan met the requirements for confirmation. (Bankr.S.D.N.Y.)
Issue(s)
Post-petition Disclosure and Solicitation.

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Commercial opinion summary, case decided on May 15, 2019 , LexisNexis #0819-016