Bankruptcy Court for the Northern District of New York Court Cases

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  1. In Re Rotunda (2006)

    Under consideration by the Court is the objection filed by Mark W. Swimelar, chapter 13 trustee ("Trustee") on March 30, 2006, with respect to the Chapter 13 Plan filed by Elizabeth and Lawrence Rotunda (the "Debtors") on January 20, 2006. The basis for the Trustee's objection is his assertion that the Plan fails to provide all of the Debtors' projected disposable income to the payment of unsecured creditors pursuant to § 1325(b)(1)(B) of the Bankruptcy Code, 11 U.S.C. §§ 101-1330 ("Code"). [...]

    Court: Bankruptcy Court for the Northern District of New York Docket: 06-60054
  2. In Re Petrocci (2007)

    Under consideration by the Court are three contested matters resulting from three separate objections to the Chapter 13 Plans of Louis and Jamie Petrocci, Octavia Cannon, and William DeLee and Tara Graham-DeLee. Each of the objecting secured creditors (Hyundai Motor Finance Co., Nuvell Credit Corp., and AmeriCU Credit Union, collectively "Creditor's") in the three cases treated in this Decision (Petrocci, Cannon, and DeLee/Graham-DeLee, collectively "Debtors") objected to the Debtors' plans on [...]

    Court: Bankruptcy Court for the Northern District of New York Docket: 06-34191, 06-34294, 06-34115
  3. In Re Green (2007)

    Before the court is the objection to the Chapter 13 Plan of Shenite Green ("Debtor") filed by Andrea E. Celli, Esq., Chapter 13 Standing Trustee ("Trustee"). The court has jurisdiction over this core matter pursuant to 28 U.S.C. §§ 157(a), (b)(1), (b)(2)(L), and 1334.[1]


    Court: Bankruptcy Court for the Northern District of New York Docket: 06-11591
  4. In Re Paley (2008)

    The matters before the court are the confirmations of the proposed Chapter 13 plans of Mary Lou Paley ("Paley") and Rosemary A. Millington ("Millington") (collectively "Debtors"). Andrea E. Celli, Chapter 13 Trustee ("Trustee"), filed an objection to each of the Debtors' plans.[1] Both of these case were filed after October 17, 2005. Accordingly, these cases are governed by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"), which became effective on October 17, [...]

    Court: Bankruptcy Court for the Northern District of New York Docket: 06-10601, 06-12046
  5. In Re Delnero (1996)

    The Court considers herein the objection of Mark W. Swimelar, Esq., Chapter 13 trustee ("Trustee") to confirmation of the Chapter 13 plan of Anthony D. Delnero ("A. Delnero") and Dawn M. Delnero ("D. Delnero") (hereinafter jointly referred to as "Debtors") filed on May 1, 1995, and subsequently modified on or about July 19, 1995. As the modification was not properly noticed pursuant to Local Rule 315.3(c), which requires twenty days notice prior to the date fixed for the hearing on [...]

    Court: Bankruptcy Court for the Northern District of New York Docket: Bankruptcy No. 95-61473
  6. In Re Cornelius (1995)

    The Court considers herein the objection filed by Plaza Health Care Center ("Plaza") on June 22, 1995, to confirmation of the Chapter 13 plan of Marcia E. Cornelius ("Debtor") filed on March 13, 1995, and subsequently modified on or about June 8, 1995. An evidentiary hearing was held on August 31, 1995, in Utica, New York. At the hearing Debtor's counsel made an oral motion pursuant to Rule 9006(c) of the Federal Rules of Bankruptcy Procedure, requesting that the Court consider Debtor's amended [...]

    Court: Bankruptcy Court for the Northern District of New York Docket: Bankruptcy No. 95-60782
  7. In Re Bennett Funding Group, Inc. (1997)

    Hancock & Estabrook, L.L.P., Syracuse, NY (Stephen A. Donato, of counsel), Bond, Schoeneck & King, L.L.P., Syracuse, NY (James Dati, of counsel), Costello, Cooney & Fearon, Syracuse, NY (Michael Balanoff, of counsel), Green & Seifter, P.C., Syracuse, NY (Virginia Hoveman, of counsel), for Various Banks.


    Court: Bankruptcy Court for the Northern District of New York Docket: Bankruptcy Nos. 96-61376 to 96-61379
  8. In Re Hotel Syracuse, Inc. (1993)

    Menter, Rudin & Trivelpiece, P.C., Syracuse (Peter Hubbard, of counsel), Simpson, Thacher & Bartlett, New York City (Robert A. Bourque, of counsel), for Mfrs. Hanover Trust Co./Cent. New York.


    Court: Bankruptcy Court for the Northern District of New York Docket: Bankruptcy No. 90-02921, Adv. No. 91-60166A
  9. In Re Friedman (1994)

    Presently before the Court is a motion by Bernard Friedman ("Debtor") for an order pursuant to § 502 of the Bankruptcy Code (11 U.S.C. §§ 101-1330) ("Code") and Rule 3007 of the Federal Rules of Bankruptcy Procedure ("Fed.R.Bankr.P.") disallowing the claim of the New York State Department of Taxation and Finance ("Department"). The motion was first heard at a motion term of this Court held at Syracuse, New York on August 31, 1993, and further continued to the September 14, 1993 motion term, [...]

    Court: Bankruptcy Court for the Northern District of New York Docket: Bankruptcy No. 92-62916
  10. In Re Burdick (1996)

    Presently before the Court are the motions of Michael E. Collins, Esq. of the Office of the U.S. Trustee ("UST") requesting that the Court impose penalties upon Patricia Dattolo ("Dattolo") pursuant to § 110 of the Bankruptcy Code (11 U.S.C. §§ 101-1330) ("Code"). The UST's motion was interposed on May 18, 1995, in the three cases herein filed under Chapter 7 of the Code.


    Court: Bankruptcy Court for the Northern District of New York Docket: Bankruptcy Nos. 95-60573, 95-60206 and 95-60103
  11. In Re Bennett Funding Group, Inc. (1996)

    Presently before the Court is an application on behalf of third-party defendants Gwen Bennett ("G. Bennett"), Comfort Associates, Inc. ("CAI"), Comfort Financial Associates ("CFA"), and Bennett Financial Associates ("BFA"), brought on by an Order to Show Cause dated August 5, 1996, requiring the Trustee appointed pursuant to § 1104 of the Bankruptcy Code (11 U.S.C. §§ 101-1330) ("Code"), Richard C. Breeden ("Trustee"), to show cause why he should not be required to proceed under the Federal [...]

    Court: Bankruptcy Court for the Northern District of New York Docket: Bankruptcy Nos. 96-61376 to 96-61379
  12. In Re Rebeor (1988)

    This matter comes before the Court on the motion of Fulton Typewriter Store, Inc. ("FTS") for reconsideration and amendment of or relief from the Court's Order dismissing the bankruptcy case of Gene A. Rebeor, f/d/b/a Radisson Sun Studio, an officer of Raddison Sun Studio, Inc., Sunsations Ltd. and Fulton Typewriter Store, Inc., A Partner of Royal Limousine ("Debtor"), pursuant to Rules 9023 and 9024 of the Federal Rules of Bankruptcy Procedure ("Fed.R.Bankr.P."). Oral argument was heard on [...]

    Court: Bankruptcy Court for the Northern District of New York Docket: Bankruptcy No. 87-00952
  13. In Re Griffieth (1996)

    This contested matter is before the court by virtue of a motion by United States Trustee ("UST") pursuant to Bankruptcy Code § 707(a) (11 U.S.C. §§ 101-1330 hereinafter the "Code") seeking dismissal of the voluntary Chapter 7 bankruptcy case filed by Gary G. Griffieth and Josefina V. Griffieth ("Debtors"). This matter is within the court's core jurisdiction pursuant to 28 U.S.C. § 157(b)(2)(A), (O).


    Court: Bankruptcy Court for the Northern District of New York Docket: Bankruptcy No. 94-14714
  14. In Re Wetzel (1996)

    Presently before this Court is an adversary proceeding commenced by a complaint dated April 23, 1996 ("Complaint") filed by Genevieve Wetzel, also known as Genevieve Wetzel Burk ("Plaintiff"), seeking a determination that certain debts owed to the New York State Higher Education Services Corporation ("Defendant") are dischargeable. A trial was held on October 9, 1996, in Utica, New York. The parties were granted an opportunity to submit post-trial memorandums of law, and the matter was [...]

    Court: Bankruptcy Court for the Northern District of New York Docket: Bankruptcy No. 90-00175, Adversary No. 96-70139
  15. In Re Vianese (1996)

    This matter is before the Court on the motion of Michael E. Collins, Esq., Assistant United States Trustee ("UST"), filed on June 9, 1995, to dismiss the filing of the Chapter 7 petition ("Petition") of Joseph L. Vianese ("J. Vianese") and Constance A. Vianese ("C. Vianese") (hereinafter jointly referred to as "Debtors"). The UST asserts that granting a discharge under Chapter 7 of the Bankruptcy Code (11 U.S.C. §§ 101-1330) ("Code") would be a substantial abuse of the chapter pursuant to [...]

    Court: Bankruptcy Court for the Northern District of New York Docket: Bankruptcy No. 95-60060
  16. In Re Dornon (1989)

    Elizabeth K. Dornon ("Debtor") filed her petition seeking relief under Chapter 13 of the Bankruptcy Code, 11 U.S.C.A. §§ 101-1330 (West 1979 & Supp.1989) ("Code"), on September 20, 1988 and submitted her plan the same day. She listed two unsecured debts in her petition: a student loan in the amount of $4,985.51 owed to "NYSHESC," presumably the New York State Higher Education Services Corporation, and a loan for $2,104.92 from Key Bank. Against this debt of $7,090.43, the Debtor indicated [...]

    Court: Bankruptcy Court for the Northern District of New York Docket: Bankruptcy No. 88-01432
  17. In Re Boyer (1988)

    This matter came before the Court on the removal petition of Laurence D. Boyer and Rosemary J. Boyer ("Debtors"). Oral argument was conducted in Syracuse, New York on February 16, 1988 where the Debtors proceeded pro se.


    Court: Bankruptcy Court for the Northern District of New York Docket: Bankruptcy No. 81-00662
  18. In Re Cerminaro (1998)

    Presently before the Court are two cases: In re Stephen and Kathleen Cerminaro, Case No. 97-62790, ___ B.R. ___ (Bkrtcy. N.D.N.Y.1998) ("Cerminaro case"), In re Tina and Robert Tinker, Case No. 97-62628, ___ B.R. ___ (Bkrtcy.N.D.N.Y.1998) ("Tinker case") consolidated for the purposes of this decision since both cases involve the same legal issue: whether chapter 13 debtors can modify the rights of creditors whose claims are secured by mortgages against the Debtors' residences which mortgages [...]

    Court: Bankruptcy Court for the Northern District of New York Docket: Bankruptcy Nos. 97-62790, 97-62628
  19. In Re Pearl (2008)

    Under consideration by the Court is an objection filed on June 3, 2008, by Mark W. Swimelar, chapter 13 trustee ("Trustee"), to the chapter 13 plan ("Plan") filed by Patrick and Debra Pearl ("Debtors"). The hearing on confirmation was originally held on July 15, 2008, at the CourtCall calendar in Utica, New York[1]. On August 1, 2008, eCast Settlement Corporation, as assignee of FIA Card Services, a/k/a Bank of America, filed a Memorandum of Law in Support of Objection to Confirmation of [...]

    Court: Bankruptcy Court for the Northern District of New York Docket: 08-60871
  20. In Re Peters (1988)

    On October 27, 1987, the Court heard oral argument of three motions brought on by S.J. Groves & Sons Company ("Groves") and Margaret C. Peters, d/b/a M.C. Peters Construction Company ("Debtor") within the adversary proceeding initiated by Groves on behalf of itself and those similarly situated against the Debtor and three banks in the Debtor's bankruptcy case.[1] Pursuant to Article 3-A of the New York Lien Law (McKinney 1966 & Supp. 1988) ("Article 3-A" or "Lien Law") and Section [...]

    Court: Bankruptcy Court for the Northern District of New York Docket: Bankruptcy No. 87-00048, Adv. No. 87-0062

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