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
August 30, 2010
Bankruptcy exemption bill status: Mayor Bloomberg?s concerns satisfied
August 25, 2010
What interest rate are Purchasers of Property Tax Liens entitled to in New York Chapter 13 Cases? Recent Cases Interprets New Jersey Law
August 18, 2010
Status of Bankruptcy exemption bill, as of August 18, 2010
August 13, 2010
A (Brief) history of New York exemptions, Part II
August 12, 2010
NY Tax Foreclosure: Default Judgment + 30 days is maximum deadline to file bankruptcy and stay the transfer: Wisotzke (upheld on appeal)
Archives
Casenotes: 2010 WDNY Bankruptcy cases
Retroactive application of Increased homestead exemption; Part II: Calloway and Nguyen
Posted by: Peter Scribner
June 21, 2010
Despite a 2009 Second Circuit decision (Hayward, 552 F.3d 253), creditors in two Buffalo cases contend that the 2005 increase in the New York homestead exemption does not apply retroactively to judgment liens. Judge Bucki in Buffalo, following Judge Kaplan, disagreed. Both decisions are now on appeal.
Attachments:
NguygenopinionSept2009Bucki.pdf
CallowayOpinionFeb2010Bucki.pdf
Bad Faith Chapter 13 plan: case filed 10 days after property transferred: Johnson
Posted by: Peter Scribner
June 21, 2010
Debtor filed a Chapter 13 case ten days after a troubled parcel of real estate was transferred to him. The plan would have stripped down a large amount of property taxes as secured claims. The case was not filed in good faith, and so the plan was not confirmed.
Attachments:
JohnsonWalterplanconfdeniedch13April2010Bucki.pdf
For distribution purposes, a Trustee cannot file a claim on behalf of a creditor: Davis
Posted by: Peter Scribner
June 21, 2010
In a case were there were far more funds on hand than filed claims, the trustee attempted to file claims on behalf of the creditors. The Court held that these late-filed claims were not provided for in the Chapter 7 distribution scheme of Sect. 726.
Attachments:
Daviscase6-11-2010Kaplandecision.pdf
