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February 2011 Archives

Georgia bankruptcy debtor, bank, agree on amount of mortgage arrears - after seven years

The New York Times published an article yesterday (Feb. 27, 2011; author: Gretchen Morgensen) about a Chapter 13 bankruptcy debtor in Georgia who fought her mortgage bank for seven years simply to find out how much she owned on her mortgage and who owned the mortgage note.  An article in the Atlanta Journal-Constitution two years ago (Jan. 25, 2009, author Carrie Teegardin) provides additional details of this particular case.

Figuring Factors: Paying Suppliers Probably OK: Dommer

As a consumer bankruptcy attorney, I rarely need to get involved in complicated commercial financing issues, so Judge Kaplan's most recent decision was a primer on factoring in the construction industry. In re Dommer Construction Corporation WDNY Ch. 11 Bk 10-12764; Judge Kaplan decision Feb. 22, 2011.) 

It's Official: Judge Ninfo to Retire

Rochester's bankruptcy judge, John C. Ninfo II has formally submitted his retirement papers to the Second Circuit Court of Appeals, according to
The Daily Record
(February 14, 2011, article by Todd Etshman.) Judge Ninfo had publically stated his intention to retire effective January 2012 for some time, so the news is not surprising. However the submission of retirement papers starts the process of selecting a new bankruptcy judge.

Same-Sex bankruptcies? Justice Department will not defend Constitutionality of Defense of Marriage Act

Of the thousands of benefits available to married couples, one is the opportunity to file joint bankruptcies. Section 302 of the Bankruptcy Code permits an individual and "such individual's spouse" to file bankruptcies together. Joint bankruptcies are less expensive than filing separate petitions, and, in some cases, may have legal advantages. Can legally-married same-sex married couples file a joint bankruptcy? The "Defense of Marriage Act" (DOMA), which prohibits recognition of same-sex marriages in relation to federal laws would seem tio prohibite it, but an announcement by the United States Department of Justice yesterday may change all that.

Residual inheritance interest in a house not exempt under New York law: Wisotzke (II)

This is a continuation (the dropping of the second show, if you will) of the Wisotzke case; a Rochester Chapter 13 (case #08-21178.) Last August, I posted a blog in the WDNY case notes for 2008 Category about the first decision in this case, 392 B.R. 39 (Bky.W.D.N.Y. 2008), where Rochester Judge John C. Ninfo ruled that in an In Rem tax foreclosure in New York State, the debtor's interest in the property was extinguished, at the latest, 30 days after the foreclosure order. In this new decision, the court ruled that the debtor's inheritance interest in the proiperty was never sufficient to claim it as an exempt homestead.

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