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western district of new york

Rochester Drug Coop., Inc., In re

Ruling
Motion to lift the automatic stay denied as proceeds of the insurance policy were not estateassets and that diminution of those assets would not harm the estate. (Bankr. W.D.N.Y.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Commercial opinion summary, case decided on March 22, 2021 , LexisNexis #0521-004

Rochester Drug Co-Operative, Inc., In re

Ruling
Debtor's Chapter 11 plan was confirmed as it satisfied the requirements for confirmation,feasible, and in the best interests of creditors. (Bankr. W.D.N.Y.)
Issue(s)
Confirmation of Plan.

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Commercial opinion summary, case decided on February 26, 2021 , LexisNexis #0421-016

Diocese of Buffalo, N.Y., In re

Ruling
Debtor diocese could employ an additional law firm to represent it in a state court actionbrought by the state attorney general. (Bankr. W.D.N.Y.)
Issue(s)
Employment of Professional Persons; Who May Be Employed.

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Commercial opinion summary, case decided on February 23, 2021 , LexisNexis #0421-076

DuVall, In re--DuVall v. Cty. of Ontario

Ruling
Tax sale could be set aside as county did not provide reasonably equivalent value inexchange for title to the debtor's farm. (Bankr. W.D.N.Y.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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Consumer opinion summary, case decided on February 18, 2021 , LexisNexis #0321-089

Diocese of Buffalo, In re

Ruling
Court authorized the debtor to maintain its pre-petition fund investments in the fund, waivingthe requirements under § 345(b). (Bankr. W.D.N.Y.)
Issue(s)
Money of Estates; Requirements of Non-U.S. Guaranteed Entities with Which Deposit or

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Commercial opinion summary, case decided on October 30, 2020 , LexisNexis #1220-079

Rochester Drug Coop., Inc., In re

Ruling
Creditor granted relief from stay to pursue its counterclaim for the setoff of the value ofreturned goods against debtor’s collection action. (Bankr. W.D.N.Y.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Commercial opinion summary, case decided on October 28, 2020 , LexisNexis #1220-032

Whitfield, In re

Ruling
Motion to modify the debtor's Chapter 13 plan was allowed as trust proceeds receivedfollowing death of debtor’s mother were properly included in the bankruptcy estate. (Bankr.E.D.N.C.)
Issue(s)
Modification of Plan After Confirmation.

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Consumer opinion summary, case decided on October 16, 2020 , LexisNexis #1220-021

Keane, In re

Ruling
Debtor's landlord late-filed claim allowed subject to subordination to timely filed claims.(Bankr. E.D.N.C.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Lessor’s Claim for Damages.

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Consumer opinion summary, case decided on October 14, 2020 , LexisNexis #1220-007

DuVall, In re--DuVall v. Cty. of Ontario

Ruling
County was not entitled to a motion in limine because it did not file a timely objection to thedebtor's claimed exemption. (Bankr. W.D.N.Y.)
Issue(s)
Exemptions; Objecting to a Claim of Exemptions; Objection Within Thirty Days of

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Consumer opinion summary, case decided on September 29, 2020 , LexisNexis #1120-050

Rochester Drug Coop., Inc., In re

Ruling
Motions of class claimants to compel production of documents were denied because court didnot grant an order authorizing an examination of the insurers. (Bankr. W.D.N.Y.)
Issue(s)
Examination.

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Commercial opinion summary, case decided on September 11, 2020 , LexisNexis #1020-072