A ministerial duty, the performance of which may in proper cases be required of a ...
Bankruptcy Court for the Western District of New York Court Cases
In Re Peaslee (2006)
On July 11, 2006, Faith Ann Peaslee (the "Debtor") filed a petition initiating a Chapter 13 case (the "Peaslee Case"), and George M. Reiber, Esq. (the "Trustee") was appointed as her Chapter 13 Trustee.
Court: Bankruptcy Court for the Western District of New York Docket: 06-21200
In Re Barrow (2004)
In the present dispute, a non-debtor spouse and the chapter 7 trustee of her husband's estate have asserted competing claims to an income tax refund. Highlighting the challenge of allocating this type of asset, the circumstances of this case invite a consideration of the special rights of an innocent spouse.
Court: Bankruptcy Court for the Western District of New York Docket: 01-11582 B
In Re Neverla (1996)On November 21, 1995, Bernard and Dana Neverla (the "Debtors") filed a Petition initiating a Chapter 13 case. On their schedules, the Debtors showed their joint ownership of a residence at 266 Westchester Avenue, Rochester, New York ("Westchester"), and further indicated that: (1) the property had a fair market appraised value of $78,500.00; (2) there was a 1987 first mortgage on the property in favor of Norwest Mortgage ("Norwest") with an outstanding balance of approximately $75,000.00 (the [...]
Court: Bankruptcy Court for the Western District of New York Docket: Bankruptcy No. 95-22789
In Re Hejmowski (2003)
The Court writes to express its agreement with the result reached in In re Aldrich, 250 B.R. 907 (Bankr.W.D.Tenn.2000) and its disagreement with the reasoning and result reached in In re Kleinfeldt, 287 B.R. 291 (10th Cir. BAP 2002).
Court: Bankruptcy Court for the Western District of New York Docket: 03-10441 K
In Re Phipps (1998)
There is a vast amount of scholarship to the effect that a bankruptcy judge is not bound in Case B by a decision of just one district judge in Case A, if the district has more than one district judge. Today, this Court finds that the rule is to the contrary in the Second Circuit, if the decision in Case A was submitted by the district judge for publication.
Court: Bankruptcy Court for the Western District of New York Docket: Bankruptcy No. 97-11868 K, Adversary No. 97-1105 K
In Re Maulin (1995)
The debtor commenced this adversary proceeding to secure the hardship discharge of two educational loans. As with all such controversies arising in the Second Circuit, this relief hinges upon the three part test that the Court of Appeals set forth in Brunner v. New York State Higher Education Services Corp., 831 F.2d 395 (2d Cir.1987). At issue in this case is the third prong of that test, whether the debtor has demonstrated a good faith effort to repay her student loans.
Court: Bankruptcy Court for the Western District of New York Docket: Bankruptcy No. 94-12125 B. Adv. No. 94-1273 B
In Re Barnes (1996)
In this Chapter 13 proceeding, the debtor seeks to confirm a plan which proposes to treat as unsecured claims two junior mortgages which would otherwise encumber her residence. Because this court believes that the Supreme Court's decision in Nobelman v. American Savings Bank, 508 U.S. 324, 113 S.Ct. 2106, 124 L.Ed.2d 228 (1993) prohibits such a "strip down" of liens, the debtor's motion to confirm her proposed plan must be denied.
Court: Bankruptcy Court for the Western District of New York Docket: Bankruptcy No. 96-11536 B
In August 1998, Samuel A. Yacono ("Yacono"), under investigation by the United States Securities and Exchange Commission (the "Commission"), committed suicide. Prior to his death, Yacono was the sole and/or controlling shareholder of a number of corporations (the "Yacono Controlled Entities"), including First American Reliance, Inc. ("First American"), Money Managers, Inc. ("Money Managers"), Unified Commercial Capital, Inc. ("Unified Commercial") and American Freedom Securities, Inc. [...]
Court: Bankruptcy Court for the Western District of New York Docket: Bankruptcy No. 98-23908. Adversary No. 00-2206
In Re Carlton (1997)On October 29, 1996, Donn B. Carlton & Donna M. Carlton (the "Carltons") filed a petition initiating a Chapter 7 case. On the same day that they filed their petition, the Carltons filed the lists, schedules and statements (the "Carlton Schedules") required by Rule 1007. These Schedules set forth that the Carltons had a current combined gross annual salary of $114,634.20, in that: (1) Donn B. Carlton had been employed at Eastman Kodak Company for 24 years as a machinist and had a current [...]
Court: Bankruptcy Court for the Western District of New York Docket: Bankruptcy Nos. 96-23200, 96-22165
In Re Doherty (1998)
After trial in this case, the Court ruled that this Debtor's student loan obligations to the Defendant, United Student Aid Funds, Inc. ("USA Funds"), would be discharged as constituting an "undue hardship" under 11 U.S.C. § 523(a)(8)(B). The Court also announced that the reasons for that ruling would be set down in writing for the use of counsel in future cases, or in the event of appeal.
Court: Bankruptcy Court for the Western District of New York Docket: Bankruptcy No. 95-13797 K, Adversary No. 97-1209 K
In Re Maine (1983)
Claude L. Maine, the debtor, filed a petition for relief under the provisions of Chapter 13 on August 18, 1982. His schedules indicate that on the date of the filing, an amount of $500 was due to the New York State Department of Labor, Unemployment Insurance Division (the "State"). The debtor's Chapter 13 plan, as modified, proposed a 28% payment to unsecured creditors. No objections to confirmation were filed and, on December 6, 1982, the debtor's plan was confirmed.
Court: Bankruptcy Court for the Western District of New York Docket: Bankruptcy No. 82-12403 M
In Re Behn (1999)This is the Plaintiff's Summary Judgment motion, opposed by the Debtor. In addition to presenting a dischargeability issue that is of great importance to the parties, this action under 11 U.S.C. § 523(a)(6) is a footnote to history. The Debtor is one of many named defendants in the civil action that led to the United States Supreme Court's decision in Schenck v. Pro-Choice Network of Western New York, 519 U.S. 357, 117 S.Ct. 855, 137 L.Ed.2d 1 (1997), wherein the High Court upheld fixed [...]
Court: Bankruptcy Court for the Western District of New York Docket: Bankruptcy No. 99-11231 K. Adversary No. 99-1165 K
In Re CNB Intern., Inc. (2008)
Kenneth Oestreicher, Esq., Gary S. Posner, Esq., Cameron J. Macdonald, Esq., Whiteford, Taylor & Preston L.L.P., Baltimore, MD, and Robert J. Feldman, Esq., Gross Shuman Brizdle & Gilfillan PC, Buffalo, NY, for the CNB International Litigation Trust.
Court: Bankruptcy Court for the Western District of New York Docket: Bankruptcy No. 99-11240 B. Adversary No. 01-1193 B
In Re Reid (1999)The Court today finds that unless a "pre-approved" credit card commands a different result (as described in footnote 1), turning one's credit card and line of credit and PIN over to another (even to one's own spouse) to be freely used at the other's discretion and judgment without limitation, and handing over to the other person "convenience checks" endorsed in blank, all in utter disregard of the amount of debt incurred, constitutes a "false pretense" for purposes of 11 U.S.C. § 523(a)(2)(A). [...]
Court: Bankruptcy Court for the Western District of New York Docket: Bankruptcy No. 98-12103 K. Adversary No. 98-1194 K
On August 18, 1990, Gates Community Chapel of Rochester, Inc. (the "Debtor"), a church incorporated under Article 8 of the Religious Corporation Law of the State of New York, filed a voluntary petition initiating a Chapter 11 case. On April 19, 1993, the Court entered an Order (the "Confirmation Order") confirming the Debtor's Fifth Amended Plan (the "Plan"). Among its provisions, the Plan: (1) provided for the creation of a fund (the "Fund") of $2,650,000.00 by the payment to a "Liquidating [...]
Court: Bankruptcy Court for the Western District of New York Docket: Bankruptcy No. 90-21729
In Re White (1994)There is authority from other Districts to the effect that if a Chapter 13 debtor agrees to pay the value of collateral (or, because of 11 U.S.C. § 1322(b)(2), the full amount of a mortgage claim) as a secured claim and then later endeavors to surrender the collateral after it has declined in value, and endeavors to re-classify the debt as unsecured by means of a plan modification under 11 U.S.C. § 1329, the binding effects of 11 U.S.C. § 1327 condemn the effort to failure. Some holdings to [...]
Court: Bankruptcy Court for the Western District of New York Docket: Bankruptcy No. 89-12820 K
In Re Brunson (1996)
This Court today rejects substantial authority to the effect that strip-down of a residential mortgage is always permitted, as a matter of law, as to multi-family dwellings in a Chapter 13 case. This Court believes that the antimodification provision, 11 U.S.C. § 1322(b)(2), may apply in some such instances, depending on the facts of a particular case.
Court: Bankruptcy Court for the Western District of New York Docket: Bankruptcy No. 96-10367 K, Adv. No. 96-1084 K
In Re LaSota (2006)
BAPCPA statutorily introduced the notion of Chapter 13 debtors who have been more "frugal" than other Chapter 13 debtors of comparable income. They are the "above median income" debtors who spend less than what Form 22C allows, and they thus have what we might call "discretionary" income (on a post-petition basis) that is in excess of their statutorily-defined "disposable" income.
Court: Bankruptcy Court for the Western District of New York Docket: 05-70085 K
In Re Wojda (2007)
The present dispute involves the substantive grounds for the dismissal of a bankruptcy case under section 521(i) of the Bankruptcy Code, as well as the procedural requirements for consideration of a request for an order confirming this outcome.
Court: Bankruptcy Court for the Western District of New York Docket: 06-03291 B
In Re Richardson (1982)Both of these matters came on to be heard under similar circumstances. Each one of these cases had been a Chapter 13 case which converted to a Chapter 7. Because of a lag in the notification of the employers, the Chapter 13 trustee's wage order continued to operate after the case had been transferred to a Chapter 7 and in both cases some money was on hand from the Chapter 13 which had not been disbursed to creditors before the conversion to Chapter 7. The Chapter 7 trustees are seeking to have [...]
Court: Bankruptcy Court for the Western District of New York Docket: Bankruptcy Nos. 80-21780, 21940