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southern district of new york

Pressman, In re

Ruling
Motion to extend the time to object to discharge denied as the creditors were aware of thebankruptcy filing and had an obligation to act diligently. (Bankr. S.D.N.Y.)
Issue(s)
Grant or Denial of Discharge; Extension of Time; Motion to Extend Time for

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Consumer opinion summary, case decided on August 31, 2023 , LexisNexis #1023-096

Genesis Glob. Holdco, LLC, In re

Ruling
Debtors' customer lists constituted confidential commercial information and its release woulddecrease the amount that would be realized from the estate's potential sale. (Bankr. S.D.N.Y.)
Issue(s)
Public Access to Papers.

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Commercial opinion summary, case decided on August 04, 2023 , LexisNexis #1023-002

Golden Seahorse LLC, In re

Ruling
Debtor had to pay default interest to the extent provided by its agreement and permitted bynon-bankruptcy law in order to reinstate its defaulted debt. (Bankr. S.D.N.Y.)
Issue(s)
Impairment of Claims or Interests; When Default Rights Are Not Impaired.

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Commercial opinion summary, case decided on July 31, 2023 , LexisNexis #0923-093

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

Roman Cath. Diocese of Rockville Ctr., In re

Ruling
Dismissal of debtor diocese’s Chapter 11 case denied given reasonable possibility that anamended plan would gain sufficient creditor support for approval. (Bankr. S.D.N.Y.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; What Constitutes

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Commercial opinion summary, case decided on July 18, 2023 , LexisNexis #0923-068

Mattei, In re--Keahon v. Mattei

Ruling
Debtors' failure to disclose a portion of their income, which they had structured so as to ensure that the wife did not lose her disability benefits, showed a reckless disregard for the truth and thus fraudulent intent for purposes of denial of discharge. (Bankr. S.D.N.Y.)
Issue(s)
Discharge; Grounds for Denial; Fraud; False Oath or Account by Debtor.

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Consumer opinion summary, case decided on June 08, 2023 , LexisNexis #0823-014

Eletson Holdings, Inc., In re

Ruling
Court exercised its discretion to require the involuntary debtors to file a list of creditors prior to dismissing the case to afford petitioning creditors the opportunity to cure the petition. (Bankr. S.D.N.Y.)
Issue(s)
Involuntary Cases; Commencement.

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Commercial opinion summary, case decided on June 08, 2023 , LexisNexis #0823-002

Ehrenfeld, In re--Lawyers' Fund for Client Prot. v. Ehrenfeld

Ruling
The portion of a debt covered by debtor’s guilty plea to a charge of second-degree larceny was nondischargeable pursuant to collateral estoppel. (Bankr. S.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 June 07, 2023 , LexisNexis #0823-008

0723-077 (Commercial) State court actions against parties related to debtor diocese based on claims of sexual abuse allowed to proceed as they were not subject to the automatic stay and an injunction was not warranted. (Bankr. S.D.N.Y.) HOLDINGS

Ruling
Congressional enactment of the Puerto Rico Oversight, Management, and Economic Stability Act, to adjust for Puerto Rico’s ineligibility as a debtor under Chapter 9, was not sufficient federal action to constitute a taking. (Fed. Cl.)
Issue(s)
Definitions; “State”.

ABI Membership is required to access the full summary of 0723-077 (Commercial) State court actions against parties related to debtor diocese based on claims of sexual abuse allowed to proceed as they were not subject to the automatic stay and an injunction was not warranted. (Bankr. S.D.N.Y.) HOLDINGS Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 05, 2023 , LexisNexis #0723-076