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southern district of new york

Ascentra Holdings, Inc., In re

Ruling
Creditor group had standing to seek termination of a restraint on certain funds andtermination of the recognition of a foreign proceeding. (Bankr. S.D.N.Y.)
Issue(s)
Order Granting Recognition.

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Commercial opinion summary, case decided on December 05, 2023 , LexisNexis #0224-020

Ascentra Holdings, Inc., In re

Ruling
Foreign representative of debtor was not entitled to the denial of requested discovery as theparties' motions and oppositions gave rise to contested matters that triggered discovery rights.(Bankr. S.D.N.Y.)
Issue(s)
Contested Matters.

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Commercial opinion summary, case decided on December 05, 2023 , LexisNexis #0124-098

Drummon, In re--City of Atl. City v. Drummon

Ruling
Debtor's decision to take the Fifth Amendment was neither irregular nor indicative of hisinvolvement in the scheme alleged by the creditor. (Bankr. S.D.N.Y.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on November 30, 2023 , LexisNexis #0224-014

Zhang Med. P.C., In re

Ruling
Debtor with noncontingent liquidated debts in excess of $7.5 million was ineligible to proceedas a small business debtor. (Bankr. S.D.N.Y.)
Issue(s)
Definitions; Debtor; Persons Included.

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Commercial opinion summary, case decided on November 30, 2023 , LexisNexis #0124-089

Hal Luftig Co., In re

Ruling
Plan confirmed and nonconsensual third party releases approved as within the court’s subjectmatter jurisdiction. (Bankr. S.D.N.Y.)
Issue(s)
Procedures.

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Commercial opinion summary, case decided on November 22, 2023 , LexisNexis #0124-094

Jones, In re--Jones v. Pennymac Loan Servs., LLC

Ruling
Debtors' Fair Debt Collection Practices Act adversary proceeding dismissed as the debtors’schedules did not disclose the claims involved. (Bankr. S.D.N.Y.)
Issue(s)
Debtor’s Duties; Required Acts; Filing.

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Consumer opinion summary, case decided on November 20, 2023 , LexisNexis #0124-061

TV Azteca, In re

Ruling
Involuntary Chapter 11 cases had to be dismissed as the petitioning creditors' claims weresubject to a bona fide dispute. (Bankr. S.D.N.Y.)
Issue(s)
Involuntary Cases; Commencement.

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Commercial opinion summary, case decided on November 20, 2023 , LexisNexis #0124-053

Jones, In re--Jones v. Pennymac Loan Servs., LLC

Ruling
Debtors' Fair Debt Collection Practices Act adversary proceeding dismissed as the debtors’schedules did not disclose the claims involved. (Bankr. S.D.N.Y.)
Issue(s)
Debtor’s Duties; Required Acts; Filing.

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Consumer opinion summary, case decided on November 20, 2023 , LexisNexis #0124-061

TV Azteca, In re

Ruling
Involuntary Chapter 11 cases had to be dismissed as the petitioning creditors' claims weresubject to a bona fide dispute. (Bankr. S.D.N.Y.)
Issue(s)
Involuntary Cases; Commencement.

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Commercial opinion summary, case decided on November 20, 2023 , LexisNexis #0124-053

Sec. Inv. Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC

Ruling
Adoption of complaint from another avoidance proceeding in the same action was proper anddid not prejudice defendants. (Bankr. S.D.N.Y.)
Issue(s)
Liability of Transferee of Avoided Transfer; Trustee’s Right to Recover Transferred

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Commercial opinion summary, case decided on November 09, 2023 , LexisNexis #0124-040