Topics
Casenotes: 2007 WDNY Bankruptcy cases
Casenotes: 2008 WDNY Bankruptcy cases
Casenotes: 2009 WDNY Bankruptcy cases
Casenotes: 2010 WDNY Bankruptcy cases
Legislation and Rules Updates
News from the Western District of New York Bankruptcy Court
Notes from BAPCPA
Notes on Bankruptcy Cases outside WDNY
Statistical trends in WDNY bankruptcies
Supreme Court bankruptcy cases
Recent Updates
July 27, 2010
A (Brief) history of New York exemptions, Part I
July 06, 2010
Bankruptcy exemption expansion passes New York legislature, awaits Governor's signature
June 29, 2010
Bankruptcy Exemption may expand in NY - an historical perspective
June 21, 2010
Retroactive application of Increased homestead exemption; Part II: Calloway and Nguyen
June 21, 2010
Bad Faith Chapter 13 plan: case filed 10 days after property transferred: Johnson
Archives
Casenotes: 2009 WDNY Bankruptcy cases
Case notes written by Peter Scribner summarizing and analyzing 2009 cases from the United States Bankruptcy Court for the Western District of New York (Rochester and Buffalo, NY) and appeals of WDNY bankruptcy decisions.
Fraudulent Conveyance: return of engagement ring: Gallagher
Posted by: Peter Scribner
November 17, 2009
Constructive fraudulent conveyance under New York law calculated by balancing all the debtor's assets and liabilities at the time of the transfer to determine if the debtor was insolvent.
Reasonably anticipated changes in income & expenses: CFCU Federal Credit Union v. Frisbie
Posted by: Peter Scribner
November 17, 2009
District Court decision upholding Bankruptcy Court conclusion that, in answer to the mandatory question on the schedules asking about any reasonable anticipated increase or decrease in income or expenses, a blank answser is the same as "none". The case is not deemed dismissed for failure to provide an answer.
Non-debtor co-owner a necessary party to bankruptcy sale: Bankruptcy Exchange, Inc. v Langsland
Posted by: Peter Scribner
November 17, 2009
District Court decision upholding Bankruptcy order. If the trustee is selling a partial interest in real estate, the co-owners are considered creditors and must be served with the notice of sale.
PMSI car loan includes roll-over debt: Peaselee appeal
Posted by: Peter Scribner
November 17, 2009
In Chapter 13 in New York, the amount of an old car loan rolled over into a new car loan is part of the pmsi (purchase money security interest.)
Fixtures and the homestead exemption: Grucza
Posted by: Peter Scribner
November 17, 2009
Cinderblocks purchased to build a retaining wall are considered fixtures of the real estate and may be included in the homestead exemption.
Filing of claims in reopened cases (also: scheduling assets that are automatically abandoned and filing of informal proofs of claim): J&S Conveyor, Inc.
Posted by: Peter Scribner
November 17, 2009
Chapter 7 case closed, and then reopened eight years later. For claims filed in the original case, the statute of limitations (6 years) did not run, nor did it run by the time the case was reopened, as the original court notice instructed creditors not to file claims. Also, assets must be listed on schedule B to be considered automatically when the case is closed. Finally, a cash collateral agreement or other filing would not be considered an "imformal" proof of claim unless the filing indicates the creditor intends to hold the debtor personally liable.
Self-employment net income 90% exempt: Dziedzic
Posted by: Peter Scribner
November 17, 2009
90% of personal services income is exempt under New York law. For a self-employed person, the exemption applies to net, not gross, income.
Acceleration of a mortgage does not turn it into a short term mortgage: Maiorino
Posted by: Peter Scribner
November 17, 2009
In Chapter 13, home mortgages that are less than 5 years in length can be modified. When a mortgage is accellerated in a foreclosure, it becomes all due immediately. Thta does not convert it into a short-term mortgage.
Exempting life insurance after Wornick decision: MacDonald
Posted by: Peter Scribner
November 17, 2009
After a change in local bankruptcy case law, a debtor was allowed to retrieve life insurance funds previously turned over to the trustee.
Successor creditors must prove they own the claim: Doherty
Posted by: Peter Scribner
November 17, 2009
In re: Doherty #06-22278 & Benedetti #07-21620 (Decision February 23, 2009; Judge Ninfo): Proofs of claims were filed in each case by alleged successors to the original creditors. The Trustee objected to the claims, and the Court disallowed them, as the claimant failed to show the chain of title or anything else that would prove ownership of the claim.
Recorded mortgage with misspelled name not a perfected lien: Badagliacca
Posted by: Peter Scribner
November 17, 2009
Because of mis-spelled name on the mortgage, it wasn't perfected as against the trustee
Retainer agreement governs attorney fees for responding to turnovers: Kasperek & Martinelli
Posted by: Peter Scribner
November 17, 2009
Debtor's attorney must represent debtor in turnover motion if retainer agreement includes "all legal services." If the attorney wishes to receive additional attorney fee for extra work, that needs to be provided for in the retainer agreement.
Second Circuit Decision: 2005 New York State Homestead exemption increase retroactive: Hayward
Posted by: Peter Scribner
November 17, 2009
The Second Circuit Court Of Appeals upholds lower court decisions that New York State's 2005 increase in the homestead exemption applies retroactively.
Pay advice case #1: Riffle (affirmed by District Court)
Posted by: Peter Scribner
November 12, 2009
Rochester case: a bankruptcy case will not be dismissed without a hearing if the debtor has filed a advice. A hearing is required to determine if incomplete filings are nevertheless sufficient.
Pay advice case #2: Ober
Posted by: Peter Scribner
November 12, 2009
Buffalo case: If the chapter 13 trustee does not object to a case where pay advice was filed late, and the plan is confirmed, the case will not be considered dismissed.
Pay Advice case #3: Catania
Posted by: Peter Scribner
November 12, 2009
Buffalo case: Incomplete pay advise filed, and so case had to be considered dismissed; the Court had no discretion.
Pay Advice case #4: Gilbert
Posted by: Peter Scribner
November 12, 2009
Buffalo case: Trustee, who received pay stubs informally, could not bring a motion to have the case deemed dismissed.
Bankruptcy judges in the Western District of New York: Hon. John C. Ninfo II (Rochester), Hon. Michael J. Kaplan (Buffalo); and Hon. Carl L. Bucki (Buffalo)
