- 11 U.S.C.
In re Flour City Bagels, LLC
Sep
02
2016
Ruling
Sale of assets free and clear could not be approved due to debtor’s failure to exercise soundbusiness judgment in selecting bid. (Bankr. W.D.N.Y.)
Issue(s)
Could debtor bagel franchisee sell substantially all of its assets, free and clear of all liens or interests, to its sole managing member, the prevailing bidder at auction?
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Court
:
- 11 U.S.C.
In re Palumbo
Sep
01
2016
Ruling
Debtors could not reopen long-closed case for determination on unscheduled debt that wasnow at issue in state court. (Bankr. W.D.N.Y.)
Issue(s)
Could debtors reopen their long-closed chapter 7 bankruptcy cases, to address an unscheduled
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Court
:
In re Schichtel
Aug
18
2016
Ruling
Claim for wrongful death of debtor spouse that arose postpetition but preconversion wasproperty of the estate. (Bankr. W.D.N.Y.)
Issue(s)
Could trustee administer various assets, including debtor spouse’s wrongful death claim, that came into existence after this case was initially filed in chapter 11, but prior to the date of conversion?
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Court
:
- 11 U.S.C.
Broadway Warehouse Co. v. Schmitt (In re Schmitt)
Aug
09
2016
Ruling
Discharge denied due to debtor’s failure to keep adequate books and records. (Bankr.W.D.N.Y.)
Issue(s)
Should debtor’s discharge be denied for failure to keep adequate records?
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Court
:
- 11 U.S.C.
In re Denaro
Aug
05
2016
Ruling
Debtors could modify loan that was secured solely by their manufactured home and not theland on which it was placed. (Bankr. W.D.N.Y.)
Issue(s)
Could debtors modify loan secured by their manufactured home?
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Court
:
In re Native Wholesale Supply Co.
Jun
16
2016
Ruling
Allowed claim in favor of state could not be modified postconfirmation.
Issue(s)
Whether the bankruptcy court should reconsider an allowed claim in favor of a state following confirmation of a plan of reorganization?
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Court
:
- 11 U.S.C.
In re Crowder
Jun
16
2016
Ruling
Sanctions for violation of stay denied absent injury from willful actions.
Issue(s)
Could creditor be sanctioned for violating the automatic stay where debtor suffered no injury or pecuniary loss?
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Court
:
- 11 U.S.C.
In re Jones
Apr
15
2016
Ruling
Motion for sale of debtor's property free and clear only of the interests of taxing authorities and the first mortgagee granted.
Issue(s)
Should chapter 7 trustee be granted authorization to conduct the auction sale of an over- encumbered parcel of real property?
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Court
:
- 11 U.S.C.
In re Brooks
Apr
15
2016
Ruling
Debtor could not modify creditor's security interest in debtor's residence in a multi-family property.
Issue(s)
Whether the statutory protection given to secured creditors under 11 U.S.C.S. § 1322(b)(2) applies to a security interest in real property that is a debtor's principal residence, if that residence happens to be a multi-family home with income potential.
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Court
:
- 11 U.S.C.
In re Birch Grove Landscaping & Nursery Inc.
Mar
28
2016
Ruling
Authority to use cash collateral denied.
Issue(s)
Should debtor in possession be granted authority to use cash collateral for the purpose of making payment on account of the principal owed to the holder of a second lien over objection from the first lienor?
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Court
: