Bankruptcy Appellate Panel of the Second Circuit Court Cases

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  1. In Re Dinova (1997)

    Francis J. DiNova (the "Debtor") appeals the dismissal of his Chapter 7 case on the ex parte application of Gregory G. Harris, the Chapter 7 Trustee (the "Trustee").[1] We have jurisdiction of this appeal pursuant to 28 U.S.C. § 158(b) and (c). Because the Trustee's ex parte motion violated 11 U.S.C. § 707(a) and failed to disclose material facts showing lack of cause for dismissal, the order of dismissal is VACATED and the case is REMANDED to the Bankruptcy Court.

    Court: Bankruptcy Appellate Panel of the Second Circuit Docket: Bankruptcy No. 96 B 16755, BAP No. 97-50015
  2. In Re Emmerling (1997)

    Debtor-defendant-appellant Steven T. Emmerling ("Emmerling") appeals from an order of the Bankruptcy Court denying his motion to reopen his Chapter 7 case in order to allow him to bring a further motion to vacate a default judgment obtained by plaintiff-appellee Jennifer Batstone ("Batstone") in her adversary proceeding to determine dischargeability under 11 U.S.C. § 523(a)(6) of her unliquidated personal injury claim against Emmerling. This Panel has jurisdiction of this appeal pursuant to 28 [...]

    Court: Bankruptcy Appellate Panel of the Second Circuit Docket: Bankruptcy No. 96-10172, BAP No. 96-50032
  3. In Re Carrozzella & Richardson (2000)

    The Bankruptcy Court (Dabrowski, J.) held that certain funds paid by the Debtor within ninety days prior to the filing of the bankruptcy petition were not preferential payments because the funds were held in an express trust by the Debtor for the benefit of the Defendants and, therefore, not property of the estate. For the reasons set forth below, we reverse.


    Court: Bankruptcy Appellate Panel of the Second Circuit Docket: 99-50073
  4. In Re Blaise (1998)

    Appellant Roland A. Blaise, Sr. (the "Debtor" or "Appellant") appeals the order of the bankruptcy court dated August 28, 1997 (the "Conversion Order") converting this chapter 13 case to a case under chapter 7 of title 11 of the United States Code (the "Bankruptcy Code"). Appellant contends that the bankruptcy court abused its discretion in converting the case, rather than dismissing it. Specifically, the Appellant contends that the bankruptcy court made no findings of fact, heard no oral [...]

    Court: Bankruptcy Appellate Panel of the Second Circuit Docket: Bankruptcy No. 96-15192, BAP No. 97-50046
  5. In Re Harko (1997)

    Two appeals are before us. In neither are the relevant facts in dispute. Both concern the same issue of law, namely whether an oversecured creditor in a case under Chapter 13 of the Bankruptcy Code (the "Code"), 11 U.S.C. §§ 1301-1330, is entitled to its contractual rate of interest pursuant to § 506(b) of the Code post-confirmation. The appellant in both cases is Key Bank of New York ("Key Bank"). The Debtors-Appellees in the first appeal, Michael and Margaret Harko (the "Harkos"), owed Key [...]

    Court: Bankruptcy Appellate Panel of the Second Circuit Docket: BAP Nos. 96-50031, 96-50033, Bankruptcy Nos. 96-11076, 96-12157
  6. In Re Reilly (2000)

    This appeal is from the June 14, 1999 ruling of Judge Robert L. Krechevsky, United States Bankruptcy Judge, District of Connecticut on the Trustee's Objection To Proof of Claim Filed By James W. Sherman, Esq., a creditor. This ruling sustained the trustee's (hereinafter "Appellee") objection to the amended claim of James W. Sherman (hereinafter "Appellant") and denied said claim, concluding that the Appellant had not carried the burden of proof of the validity of his claim. For the reasons set [...]

    Court: Bankruptcy Appellate Panel of the Second Circuit Docket: BAP No. 99-50064. Bankruptcy No. 96-20102
  7. In Re Victory Markets, Inc. (1998)

    Charter Asset Corp. and Benderson Development Company, Inc. ("Charter/Benderson"), have appealed an order of Chief Bankruptcy Judge Stephen D. Gerling, which declared that the debtor had rejected the lease of a store in the New Hartford Shopping Center. Although the parties have framed the issue in terms of the binding effect and application of an Order confirming a Chapter 11 plan of reorganization, the outcome is also determined by the limits of statutory authority to assume leases of [...]

    Court: Bankruptcy Appellate Panel of the Second Circuit Docket: BAP No. 97-50053
  8. In Re Williams (1998)

    AT & T Universal Card Services Corp. ("AT & T") appeals[1] the Bankruptcy Court's Ruling and Order awarding Jeannine Williams (the "Debtor") legal fees of $4,020.00 pursuant to § 523(d) of the Bankruptcy Code.[2] We affirm.


    Court: Bankruptcy Appellate Panel of the Second Circuit Docket: BAP No. 98-50012, Bankruptcy No. 96-23802, Adversary No. 97-2044
  9. In Re JLM, Inc. (1997)

    This is an appeal from the bench ruling of Judge Albert S. Dabrowski of the Bankruptcy Court for the District of Connecticut denying $39,000() of a requested $70,000 in fees to Zeisler & Zeisler P.C. ("Zeisler & Zeisler"), counsel for the debtor in possession. At issue is whether the bankruptcy judge properly denied compensation to the debtor in possession's counsel for services which the bankruptcy court deemed undertaken at the behest of the debtor's former management without [...]

    Court: Bankruptcy Appellate Panel of the Second Circuit Docket: BAP No. 96-50014, Bankruptcy No. 95-32211
  10. In Re Miner (1999)

    H & C Development Group, Inc. ("H & C") presents us with two issues on appeal: (1) whether Gregory and Dawn Miner ("the Debtors") and First Vermont Bank and Trust Co. ("First Vermont") were bound by an alleged agreement announced, in open court and on the record, before the United States Bankruptcy Court for the Northern District of New York;[1] and (2) whether the Debtors' second amended Chapter 12 plan (the "Second Amended Plan"), which allegedly did not provide for full payment of H [...]

    Court: Bankruptcy Appellate Panel of the Second Circuit Docket: BAP No. 98-50046, Bankruptcy No. 96-15225
  11. In Re Turner (1997)

    The Appellants, Price G. Turner, Jr. and Joan E. Turner, joint chapter 13 debtors, have filed a motion pursuant to Bankruptcy Rules 8005 and 8011 to stay a foreclosure sale pending their appeal of the January 16, 1997 order of the Bankruptcy Court of the Northern District of New York that granted a motion for relief from the automatic stay filed by the appellee, Citizens National Bank of Hammond ("Citizens"). For the reasons that follow, the Turners' motion for a stay is denied.


    Court: Bankruptcy Appellate Panel of the Second Circuit Docket: BAP No. 97-50004, Bankruptcy No. 96-16189
  12. In Re the Bennett Funding Group, Inc. (1998)

    This appeal arises from the October 30, 1997 Memorandum — Decision, Findings of Fact, Conclusions of Law and Order of Chief Bankruptcy Judge Stephen D. Gerling of the United States Bankruptcy Court for the Northern District of New York (the "Bankruptcy Court Order"). The Order granted Richard C. Breeden, a Chapter 11 Trustee, (the "Trustee") partial summary judgment on his claim that a March 6, 1996 repayment of a loan to L.I. Bridge Fund (the "Lender") by The Bennett Funding Group, Inc. (the [...]

    Court: Bankruptcy Appellate Panel of the Second Circuit Docket: Bankruptcy No. 96-61376, BAP No. 97-50067, Adversary No. 96-70280A
  13. In Re Country Squire Associates of Carle Place (1996)

    The appellant, Country Squire Associates of Carle Place, L.P. ("Country Squire") has filed the instant emergency motion to stay a foreclosure sale pending appeal of the September 3, 1996 order of the Bankruptcy Court for the Northern District of New York which granted a motion for relief from the automatic stay filed by the appellee, Rochester Community Savings Bank ("RCSB"), (the "Order"). See Rules 8005 and 8011 F.R.Bankr.P. For the reasons that follow, the motion is granted.


    Court: Bankruptcy Appellate Panel of the Second Circuit Docket: BAP No. 96-50028, Bankruptcy No. 94-14377
  14. In Re the Bennett Funding Group, Inc. (1997)

    This appeal[1] arises from the November 15, 1996 Memorandum-Decision, Findings of Fact, Conclusions of Law and Order of Chief Bankruptcy Judge Stephen D. Gerling of the United States Bankruptcy Court for the Northern District of New York (the "Bankruptcy Court Order") which: (1) modified the automatic stay pursuant to Bankruptcy Code Section 362(a)(7)[2] to permit Manufacturers & Traders Trust Company (the "Bank") to exercise a right of setoff under Section 553 to the extent of certain [...]

    Court: Bankruptcy Appellate Panel of the Second Circuit Docket: BAP Nos. 96-50040(L), 96-50041, Bankruptcy No. 96-61376
  15. In Re Renshaw (1999)

    This appeal arises from the March 9, 1998 Memorandum-Decision, Findings of Fact, Conclusions of Law and Order of Chief Bankruptcy Judge Stephen D. Gerling of the United States Bankruptcy Court for the Northern District of New York (the "Bankruptcy Court Order"). The Bankruptcy Court Order: (1) denied a Motion for Summary Judgment brought by Cazenovia College ("Cazenovia"); and (2) dismissed the Complaint of Cazenovia in its "Adversary Proceeding" against the debtor, Kevin Renshaw ("Renshaw"), [...]

    Court: Bankruptcy Appellate Panel of the Second Circuit Docket: Bankruptcy No. 97-60985, BAP No. 98-50024, Adversary No. 97-70114A
  16. In Re Zahn Farms (1997)

    The Order that is the subject of the appeal was entered on February 28, 1997, by the U.S. Bankruptcy Court for the Northern District of New York (Hon. Robert E. Littlefield, Jr., U.S.B.J.). That Order denied the Debtors' motion seeking the "reinstatement" of the 11 U.S.C. § 362(a) stay. By virtue of that Order, creditor Key Bank, has pursued its rights to realize upon the collateral securing the Debtors' obligations to Key Bank. The collateral consists of the real and personal property that [...]

    Court: Bankruptcy Appellate Panel of the Second Circuit Docket: Bankruptcy Nos. 96-13693, 96-13749 and 96-13750, B.A.P. No. 97-50014
  17. In Re Pappas (1997)

    This is a motion by the debtor pursuant to 28 U.S.C. § 158(a) and Bankruptcy Rule 8001(b) for leave to appeal from that portion of an order dated March 7, 1997 (the "March 7 Order") which extended the deadline for creditors International Minerals and Resources, S.A. and International Shipping Company, S.A. (collectively, "International") to file a complaint to determine the dischargeability under 11 U.S.C. § 523(a) of certain debts from January 21 until July 16, 1997. International has filed [...]

    Court: Bankruptcy Appellate Panel of the Second Circuit Docket: Bankruptcy No. 97-5009
  18. In Re Bijan-Sara Corp. (1996)

    Bijan-Sara Corporation ("Appellant"), through its principal, Bijan Bahramian ("Bahramian"), filed an appeal from two orders of the Bankruptcy Court for the District of Vermont: a) an order dated October 22, 1996 (the "October 22, 1996 Order") granting the Federal Deposit Insurance Corporation ("Appellee") relief from the automatic stay provisions of 11 U.S.C. § 362; and b) an order dated November 6, 1996 denying reconsideration of the October 22, 1996 Order. The Appellant's Chapter 11 case [...]

    Court: Bankruptcy Appellate Panel of the Second Circuit Docket: BAP No. 96-50017, Bankruptcy No. 96-10266
  19. In Re Miner (1998)

    H & C Development Group, Inc. ("H & C") appeals an order of the bankruptcy court dated February 23, 1998 (the "Stipulation Order") whereby the court ordered "that there is no binding stipulation between the Debtors and First Vermont Bank and Trust Co. reducing the value of the secured claim of First Vermont Bank & Trust Co. . . ." First Vermont Bank and Trust Co. ("First Vermont") has responded to the appeal but Gregory D. Miner and Dawn Miner (the "Debtors") have not.


    Court: Bankruptcy Appellate Panel of the Second Circuit Docket: BAP No. 98-50013, Bankruptcy No. 96-15225
  20. In Re Allen-Main Associates Ltd. Partnership (1998)

    Appellant CC Britain Equities, L.L.C. ("Appellant" or "Britain") appeals the order of the bankruptcy court dated March 2, 1998, dismissing Britain's involuntary chapter 7 petition against Allen-Main Associates, Ltd. Partnership ("Appellee" or "Allen-Main") pursuant to § 303 of the Bankruptcy Code (11 U.S.C. §§ 101-1330) ("Code"). Appellant argues that the bankruptcy court erred in holding that a secured creditor which holds a nonrecourse note is not eligible to file an involuntary chapter 7 [...]

    Court: Bankruptcy Appellate Panel of the Second Circuit Docket: BAP Nos. 98-50019(L) and 98-50030(Con), Bankruptcy No. 97-25098

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