Appointment of Interim Trustee: In Re Successor Borrower Services LLC 
By Daily Record Staff
POSTED: August 12, 2010
Tags: appointment of interim trustee, statement of qualifications, U.S. Bankruptcy Court, Western District of New York
U.S. Bankruptcy Court, Western District of New York
Appointment of Interim Trustee
Statement of Qualifications
In Re Successor Borrower Services LLC
09-13505
Judge Bucki
Background: The acting U.S. Trustee filed an ex parte motion seeking the court’s approval of her proposed designation of an interim trustee in Chapter 11. Pursuant to 11 U.S.C. §1104(a), the court previously granted the motions of [...]
Exemptions: In Re Murphy
By Daily Record Staff
POSTED: August 4, 2010
Tags: exemptions, purchase voucher, retirement, U.S. Bankruptcy Court, Western District of New York
U.S. Bankruptcy Court, Western District of New York
Exemptions
Retirement — Purchase Voucher
In Re Murphy
10-11176
Judge Bucki
Background: The Chapter 7 trustee objects to the debtor’s attempt to exempt from estate administration a voucher for the purchase of a General Motors vehicle. At issue is whether the voucher qualifies for the exemption New York law allows for “a payment [...]
Automatic Stay: In Re Timothy M. Hayes
By Daily Record Staff
POSTED: July 23, 2010
Tags: attorneys' liens arising before vs. after bankruptcy filing, automatic stay, U.S. Bankruptcy Court, Western District of New York
U.S. Bankruptcy Court, WDNY
Automatic Stay
Attorneys’ Liens Arising Before vs. After Bankruptcy Filing
In Re Timothy M. Hayes
09-14439
Judge Bucki
Background: The present dispute involves the interplay between the Bankruptcy Code and state law regarding the imposition of an attorney’s lien on the proceeds of a settlement. The deciding issue is whether 11 U.S.C. §362(a) creates an automatic stay [...]
Chapter 13: In Re Walter L. Johnson
By Daily Record Staff
POSTED: May 10, 2010
Tags: Chapter 13, real property, tax liens, U.S. Bankruptcy Court, Western District of New York
U.S. Bankruptcy Court, Western District of New York
Chapter 13
Real Property — Tax Liens
In Re Walter L. Johnson
08-14477
Judge Bucki
Background: In a Chapter 13 case, Walter Johnson seeks confirmation of a plan that would modify the tax liens of the City of Buffalo with respect to real property he acquired only 10 days prior to the filing [...]
Chapter 7: In Re Lawrence Frumusa
By Daily Record Staff
POSTED: April 16, 2010
Tags: Chapter 7, debtor's business assets, membership interest, U.S. Bankruptcy Court, Western District of New York
U.S. Bankruptcy Court, Western District of New York
Chapter 7
Membership Interest — Debtor’s Business Assets
In Re Lawrence Frumusa
09-21527
Judge Ninfo
Background: On June 5, 2009, Lawrence Frumusa, the debtor, filed a voluntary petition initiating a Chapter 11 case. On Aug. 7, 2009, the case was converted to a Chapter 7 case, and Lee E. Woodard was appointed as [...]
Chapter 7: In Re Robert A. Jeziorski
By Daily Record Staff
POSTED: April 9, 2010
Tags: Chapter 7, U.S. Bankruptcy Court, usury, Western District of New York
U.S. Bankruptcy Court, Western District of New York
Chapter 7
Usury
In Re Robert A. Jeziorski
06-02633
Judge Bucki
Background: In this adversary proceeding, the Chapter 7 trustee seeks to avoid a mortgage that secures an allegedly usurious obligation. The central issue of the dispute involves whether the usury law of New York applies to avoid not only an outstanding note, [...]
Chapter 7: In Re Union City Contractors Inc.
By Daily Record Staff
POSTED: April 2, 2010
Tags: Chapter 7, creditor relief from stay, promissory note, U.S. Bankruptcy Court, Western District of New York
U.S. Bankruptcy Court, Western District of New York
Chapter 7
Creditor Relief from Stay — Promissory Note
In Re Union City Contractors Inc.
09-20823
Judge Ninfo
Background: On April 2, 2009, Union City Contractors Inc., the debtor, filed a petition initiating a Chapter 7 case. In the initial schedules and statements required to be filed by Section 521 and Rule 1007, [...]
Chapter 11: In Re Successor Borrower Services LLC
By Daily Record Staff
POSTED: March 24, 2010
Tags: Bankruptcy Code, chapter 11, collateral, debtor, legal fees, U.S. Bankruptcy Court, Western District of New York
U.S. Bankruptcy Court, Western District of New York
Chapter 11
Collateral — Legal Fees
In Re Successor Borrower Services LLC
09-13505
Judge Bucki
Background: In a Chapter 11 case, the trustee objected to the terms of a retainer agreement between the debtor and its counsel. The central issue involves the propriety of a security interest the debtor has given as collateral [...]
Chapter 7: In Re William Carpitella
By Daily Record Staff
POSTED: March 19, 2010
Tags: Chapter 7, discharge, false statements, U.S. Bankruptcy Court, Western District of New York
U.S. Bankruptcy Court, Western District of New York
Chapter 7
False Statements — Discharge
In Re William Carpitella
09-20332
Judge Ninfo
Background: On Feb. 13, 2009, William L. Carpitella, filed a petition initiating a Chapter 7 case. The debtor omitted significant property on the schedules and statements. The trustee conducted a Section 341 meeting of creditors, where the debtor revealed that [...]
Chapter 7: In Re Tanya R. Calloway
By Daily Record Staff
POSTED: February 26, 2010
Tags: Chapter 7, homestead exemption increase, U.S. Bankruptcy Court, Western District of New York
U.S. Bankruptcy Court, Western District of New York
Chapter 7
Homestead Exemption Increase — Prior Liens
In Re Tanya R. Calloway
09-12133
Judge Bucki
Background: Pursuant to 11 U.S.C. § 522(f), the debtor moved to avoid a judgment lien a creditor had perfected prior to Aug. 30, 2005, the effective date of the statutory amendment that increased New York’s homestead exemption [...]
