MCM Natural Stone, Inc., In re
Apr
08
2022
Ruling
Motions to dismiss or convert cases were granted as debtors failed to provide notice or proofof the opening of debtor-in-possession accounts at the outset of the cases. (Bankr. W.D.N.Y.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.
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Court
:
- 11 U.S.C.
Sheppard, In re--Nationwide Judgment Recovery, Inc. v. Sheppard
Feb
28
2022
Ruling
Creditor's complaint failed to state a claim upon which relief could be granted as it containedno allegations that the debtor's gain from participating in the scheme was fraudulent on hisbehalf. (Bankr. E.D.N.C.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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Court
:
- 11 U.S.C.
Sheppard, In re--Nationwide Judgment Recovery, Inc. v. Sheppard
Feb
25
2022
Ruling
Creditor's adversary proceeding seeking a determination that the debt was nondischargeablewas dismissed as did not allege that the debtor made false pretenses, a false representation, oractual fraud. (Bankr. E.D.N.C.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False
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Court
:
Garbo, In re
Jan
27
2022
Ruling
Debtor's motion to avoid lien on marital residence that attached before debtor’s spousequitclaimed interest to debtor denied with leave to submit proof of insolvency. (Bankr.W.D.N.Y.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.
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Court
:
Select Tree Farms, Inc., In re
Nov
30
2021
Ruling
Creditors could not withdraw their proofs of claim without prejudice to non-bankruptcyrecovery as the claims involved bankruptcy issues that were appropriately resolved inbankruptcy court. (Bankr. W.D.N.Y.)
Issue(s)
Withdrawal of Claim; Effect on Acceptance or Rejection of Plan.
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Court
:
- 11 U.S.C.
LCAV Enters., LLC, In re
Nov
09
2021
Ruling
Bankruptcy court confirmed debtor's plan as complying with requirements for Subchapter V.(Bankr. W.D.N.Y.)
Issue(s)
Filing of the Plan.
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Court
:
- 11 U.S.C.
Barbato, In re
Nov
03
2021
Ruling
Bank's objection to a Chapter 13 confirmation plan was sustained as the plan failed to treat thebank's claim as secured as it held a perfected security interest in two annuity contracts underNew York law. (Bankr. W.D.N.Y.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders.
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Court
:
- 11 U.S.C.
Scott, In re--Crampton v. Scott
Aug
27
2021
Ruling
Transfer was constructively fraudulent because debtor was insolvent at the time of the transferor became insolvent as a result of the transfer. (Bankr. E.D.N.C.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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Court
:
- 11 U.S.C.
Borca, In re
Aug
02
2021
Ruling
Trustee's motion to modify plan was allowed because sufficient grounds existed to increasedebtors' plan payments in accordance with their increased ability to repay creditors. (Bankr.E.D.N.C.)
Issue(s)
Modification of Plan After Confirmation.
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Court
:
- 11 U.S.C.
Hollan, In re--Lynch v. Hollan
Apr
02
2021
Ruling
Discharge denied as debtor failed to keep and preserve adequate financial records. (Bankr.E.D.N.C.)
Issue(s)
Discharge; Grounds for Denial; Failure to Keep or Preserve Books or Records.
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Court
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