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2nd circuit

Malhotra, In re

Ruling
Debtor’s motion to extend time to appeal denied as he could not show he acted in good faith given his history of failing to comply with bankruptcy procedures and the court's orders. (Bankr. E.D.N.Y.)
Issue(s)
Time for Filing Notice of Appeal.

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Consumer opinion summary, case decided on December 18, 2024 , LexisNexis #0325-023

Schamens, In re--Cournoyer v. Schamens

Ruling
Court declined to stay proceeding seeking denial of discharge pending resolution of prepetition criminal case as there was a lack of substantial similarity between the issues raised in the two proceedings. (Bankr. M.D.N.C.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on December 13, 2024 , LexisNexis #0325-068

Edgewood Food Mart, In re

Ruling
Plaintiff and plaintiff’s counsel sanctioned for filing complaint against debtor for an improper purpose and without legal basis. (Bankr. N.D. Ga.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of Papers.

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Commercial opinion summary, case decided on December 11, 2024 , LexisNexis #0225-075

Ezechukwu, In re

Ruling
Debtor’s appeal of sale order dismissed as moot since the debtor had not obtained a stay and the sale had closed. (Bankr. N D. Ga.)
Issue(s)
Use, Sale, or Lease of Property; Protection for Good Faith Purchasers.

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Consumer opinion summary, case decided on December 11, 2024 , LexisNexis #0225-059

Tupper, In re

Ruling
Creditor’s motion for relief from stay in debtor’s third bankruptcy case granted where debtor failed to prosecute the cases, each filed on the eve of foreclosure, in good faith. (Bankr. E.D.N.Y.)
Issue(s)
Automatic Stay; Relief from Stay.

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Consumer opinion summary, case decided on December 10, 2024 , LexisNexis #0225-056

Roman Catholic Diocese of Syracuse, In re

Ruling
The U.S. Supreme Court’s decision in Turk finding that insurers were “parties in interest” in Chapter 11 cases did not eliminate Article III and prudential standing requirements. (Bankr. N.D.N.Y.)
Issue(s)
Right to Be Heard; Parties in Interest.

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Commercial opinion summary, case decided on December 09, 2024 , LexisNexis #0225-070

Orion HealthCorp, Inc., In re--Ehrenberg v. United States

Ruling
Abstention from determination of tax law issues would have no effect on efficient administration of the estate. (Bankr. E.D N.Y.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.

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Commercial opinion summary, case decided on December 06, 2024 , LexisNexis #0225-073

Black Diamond Energy of Del., Inc., In re--Black Diamond Energy of Del., Inc. v. Wyo. Oil & Gas Conservation Comm’n

Ruling
Fine for debtor oil and gas well operator’s failure to comply with reporting and payment operations was liquidated damages for a past wrong and not excepted from the automatic stay. (Bankr. W.D. Pa.)
Issue(s)
Automatic Stay; Exceptions; Governmental Unit's Enforcement of Police or Regulatory Power.

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Commercial opinion summary, case decided on November 27, 2024 , LexisNexis #0225-003

Weiss Multi-Strategy Advisers LLC, In re

Ruling
Debtors articulated a sound business justification for the sale of Portuguese bonds. (Bankr. S.D.N.Y.)
Issue(s)
Use, Sale, or Lease of Property; Notice and Hearing.

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Commercial opinion summary, case decided on November 26, 2024 , LexisNexis #0225-005

Diocese of Buffalo, In re

Ruling
Stay relief granted to plaintiffs with sexual abuse claims to proceed in state court to determine liability and damages where no settlement was reached after three years. (Bankr. W.D.N.Y.)
Issue(s)
Automatic Stay; Relief from Stay.

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Commercial opinion summary, case decided on November 22, 2024 , LexisNexis #0225-057