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Casenotes: 2007 WDNY Bankruptcy cases
Casenotes: 2008 WDNY Bankruptcy cases
Casenotes: 2009 WDNY Bankruptcy cases
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March 08, 2010
Bankruptcy filings in Rochester through February 2010 are behind prior years
March 03, 2010
Claim for lost wages pro-rated pre-bankruptcy & post-bankruptcy:
February 22, 2010
Exigent circumstances permitting filing of petition without credit counseling
February 22, 2010
NDNY: Claim against contractor not discharged if trust fund was diverted
February 22, 2010
NDNY: Class-action claim was pre-petition asset
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Casenotes: 2008 WDNY Bankruptcy cases
Peter Scribner's case notes about 2008 bankruptcy cases from the Bankruptcy Court of the Western District of New York (Rochester and Buffalo),including appeals to District Court and the Second Circuit.
Funds in bank account are bankruptcy asset until check clears: In re Borowiec
Posted by: Peter Scribner
November 17, 2009
The actual bank balance at the moment the bankruptcy petition is filed is an asset of the estate, even if a check clears hours later.
Some mortgage proof of claim expenses allowed: In re Zunner
Posted by: Peter Scribner
November 17, 2009
In this chapter 13 case, the court allowed the bank to be reimbursed in its claim for the title report, but not for the broker's price opinion.
Cash Collateral agreements needed in business Chap. 13: In re Kjoller
Posted by: Peter Scribner
November 17, 2009
If a debtor in business files a Chapter 13 case, and a creditor has a security interest in the debtor's cash, the debtor must negotiate a cash collateral agreement at the beginning of the case.
Debtor must claim an exemption to avoid a transfer: In re Gross
Posted by: Peter Scribner
November 17, 2009
A Chapter 7 debtor may avoid a preferential transfer, if the trustee will not, but only if the transferred assets is an exempt asset. Here, a creditor took a judgment lien within 90 days of the filing of the petition, and the debtor attempted to avoid the transfer has preferential. To do so, the debtor needed to claim the homestead exemption.
Short term home mortgages can be modified in Chapter 13: In re Latimer
Posted by: Peter Scribner
November 17, 2009
In chapter 13, a mortgagewhere the last payment is due within the five-year term of the plan may be modified
ADA Claim not exempt in New York: In re: Graci
Posted by: Peter Scribner
November 17, 2009
A claim under the Americans with Disability Act is not exempt under New York law.
Equitable ownership of a car: In re Brenda Dufoe
Posted by: Peter Scribner
November 17, 2009
New York Vehicle Traffic Law section 2108 states that the owner listed on a car title is the legal owner of a motor vehicle, but under certain circumstances it is possible for another to be considered the equitable owner or co-owner of the vehicle.
Dischargeability of a bar fight claim: In re Donald L. Wright
Posted by: Peter Scribner
November 17, 2009
Injury from a bar room fight "willful and malicious" and, therefore, dischargeable
Economic stimulus package cases: In re Daniel & Wendy Alguire
Posted by: Peter Scribner
November 17, 2009
Stimulus checks are tax refunds and can be exempted as "cash".
Bankruptcy Judges: Western District of New York: Hon. John C. Ninfo II (Rochester); Hon. Michael J. Kaplan (Buffalo); Hon Carl L. Bucki (Buffalo)
New York Counties in the Western District of New York:
Bankruptcy Court, Rochester Division: Chemung, Livingston, Monroe, Ontario, Schuyler, Seneca, Steuben, Wayne, and Yates
Bankruptcy Court, Buffalo Division: Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Orleans, and Wyoming.
Judge Ninfo is assigned to all bankruptcy cases filed in the Rochester Division. Cases filed in Erie County (Buffalo) are split between Judge Bucki and Judge Kaplan. Cases in Allegany, Cattaraugus, and Chautauqua Counties are assigned to Judge Bucki. Cases in Genesee, Niagara, Orleans, and Wyoming Counties are assigned to Judge Kaplan.
The Western District of New York was created May 12, 1900. The Rochester Division is located at 100 State Street, Rochester NY. The Buffalo Division is located at 68 Court Street, Buffalo NY.
District Court judges: Western District of New York: Hon. Richard Joseph Arcara (Buffalo), Hon. William M. Skretny (Buffalo) and Charles J. Siragusa (Rochester).
Senior status District Court judges, Western District of New York: Hon. John Thomas Curtin (Buffalo), Hon. Michael Anthony Telesca (Rochester), and David G. Larimer (Rochester).
Magistrates; Western District of New York: Hon. Jonathan W. Feldman (Rochester); Hon. Leslie G. Foschio (Buffalo); Hon. Jeremiah J. McCarthy (Buffalo); Hon. Marian W. Payson (Rochester); Hon. Hugh B. Scott (Buffalo); Hon. H. Kenneth Schroeder Jr. (Buffalo)
