Westinghouse Elec. Co., LLC, In re
Feb
15
2022
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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Court
:
- 11 U.S.C.
Village Red Rest. Corp., In re--Graham v. Serafis
Aug
31
2021
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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Court
:
- 11 U.S.C.
Bicomny, LLC, In re--Jalbert v. Flom
Aug
05
2021
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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Court
:
- 11 U.S.C.
Wildenstein, In re--Regal Jewelry & Gift Shop, LLC v. Wildenstein
Mar
24
2021
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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Court
:
- 11 U.S.C.
Wildenstein, In re--Regal Jewelry & Gift Shop, LLC v. Wildenstein
Mar
24
2021
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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Court
:
VP Williams Trans, LLC, In re
Sep
29
2020
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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Court
:
- 11 U.S.C.
BICOM NY, LLC, In re--Jalbert v. Gryaznova
Sep
21
2020
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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Court
:
- 28 U.S.C.
Westinghouse Elec. Co. LLC v. S.C. Pub. Serv. Auth
Jul
29
2019
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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Court
:
- 11 U.S.C.
Direct Access, In re
May
30
2019
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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Court
:
- 11 U.S.C.
Manhattan Jeep Chrysler Dodge, Inc., In re
May
15
2019
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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Court
: