Bankruptcy: In Re Dale E. Anderson

U.S. Bankruptcy Court, WDNY — Amending Settlement Stipulation: In re Select Tree Farms Inc.

By Daily Record Staff
POSTED: January 7, 2013
Tags: Amending Settlement Stipulation, U.S. Bankruptcy Court, WDNY

U.S. Bankruptcy Court, WDNY Amending Settlement Stipulation Equitable Considerations — Death in the Family In re Select Tree Farms Inc. 12-10669 Judge Bucki Background: After the debtors filed for Chapter 11 relief, entered a settlement with a creditor, requiring the debtor to liquidate certain assets by a date certain. The debtors failed to liquidate its equipment [...]

Bankruptcy Court, WDNY — Litigation Proceeds: In re Ciara N. Minor

By Daily Record Staff
POSTED: November 19, 2012
Tags: Litigation Proceeds, U.S. Bankruptcy Court, WDNY

U.S. Bankruptcy Court, WDNY Litigation Proceeds Pre-Settlement Agreements — Bankruptcy Estate In re Ciara N. Minor 09-12095 B Judge Bucki Background: The trustee commenced an adversary proceeding to determine the validity and extent of the respective interests of the debtor, of an investor called Pre-Settlement Finance LLC and of the bankruptcy estate. PSF and the [...]

U.S. BANKRUPTCY COURT, WDNY – Presumption of Abuse: In re Jeffrey R. Howell and Rebecca L. Howell

By Daily Record Staff
POSTED: September 28, 2012

U.S. BANKRUPTCY COURT, WDNY Presumption of Abuse Student Loans — Special Circumstances In re Jeffrey R. Howell and Rebecca L. Howell 11-12685B Judge Bucki Background: In this Chapter 7 case, the trustee moved to dismiss on the grounds that granting a bankruptcy in favor of the debtors would constitute abuse. At issue was whether the [...]

Bankruptcy Court, WDNY — Filing Fee: In re Chritee L. Brooks

By Daily Record Staff
POSTED: August 7, 2012
Tags: Filing Fee, U.S. District Court, WDNY

U.S. Bankruptcy Court, WDNY Filing Fee Eligibility to Pay In re Chritee L. Brooks 12-10456 B Judge Bucki Background: The bankruptcy court had granted the debtor a partial waiver of the filing fee as she had limited means to support herself. The trustee moved to vacate the prior order and to mandate a full payment [...]

Bankruptcy Court, WDNY — Ordinary Course of Business: In re Grace Manor Health Care Facility Inc.

By Daily Record Staff
POSTED: March 30, 2012
Tags: Ordinary Course of Business, U.S. Bankruptcy Court, WDNY

U.S. Bankruptcy Court, WDNY Ordinary Course of Business Agreements In re Grace Manor Health Care Facility Inc. 09-11456 B Judge Bucki Background: A Chapter 7 trustee sought to recover the alleged preferential payments made on account of four invoices resulting from the purchase of pharmaceuticals. The defendant responded that the transfers occurred in the ordinary [...]

Bankruptcy Court, WDNY — Fraudulent Conveyance: In re Northstar Development Corp.

By Daily Record Staff
POSTED: February 28, 2012
Tags: Equitable Subordination, Fraudulent Conveyance, U.S. Bankruptcy Court, WDNY

U.S. Bankruptcy Court, WDNY Fraudulent Conveyance Equitable Subordination In re Northstar Development Corp. 08-10689 B Judge Bucki Background: The debtor, Northstar Development, received a judgment against it for monies owed to a creditor. The creditor sought to recover the outstanding judgment through the avoidance of allegedly fraudulent transfers to the corporation’s principal. Prior to the court’s [...]

Property Transfer: In re Berkich

By Daily Record Staff
POSTED: October 25, 2011
Tags: Fee Simple, Life Estate, property transfer, U.S. Bankruptcy Court, WDNY

U.S. Bankruptcy Court, WDNY Property Transfer Life Estate — Fee Simple In re Berkich 09-14170 B Judge Bucki Background: At the time the debtor had filed for relief under Chapter 13 of the Bankruptcy Code, she was residing with her mother in a home in Lancaster, NY. The debtor had only a life estate in [...]

Environmental Regulations: In re Gollnitz

By Daily Record Staff
POSTED: October 10, 2011
Tags: environmental regulations, Responsibility to Comply, U.S. Bankruptcy Court, WDNY

U.S. Bankruptcy Court, WDNY Environmental Regulations Responsibility to Comply In re Gollnitz 09-14047 B Judge Bucki Background: The debtors are owners of real property that had been used to operate a gas station. The Department of Environmental Conservation, upon inspection, detected several breaches of the state’s petroleum bulk storage regulations and served the debtors with notice [...]

Chapter 13 Conversion: In re: Kim M. Schick

By Daily Record Staff
POSTED: August 11, 2011
Tags: Chapter 13 Conversion, Possession of Funds, U.S. Bankruptcy Court, WDNY

U.S. Bankruptcy Court, WDNY Chapter 13 Conversion Possession of Funds In re: Kim M. Schick 09-15602 B Judge Bucki Background: The Chapter 7 trustee sought to compel the turnover of an alleged interest of the debtor in certain tax refunds. Initially, the debtor’s bankruptcy was categorized as a Chapter 13 bankruptcy, wherein a plan was [...]

Trust Funds: Tiffany v. Dziedzic

By Daily Record Staff
POSTED: August 4, 2011
Tags: Conscious Misapplication, Trust Funds, U.S. Bankruptcy Court, WDNY

U.S. Bankruptcy Court, WDNY Trust Funds Conscious Misapplication Tiffany v. Dziedzic 08-14601 B Judge Bucki Background: The defendant was a chiropractor who contracted the plaintiffs to remodel an office building she had already owned. After the work was completed, and partial payment made, the debtor filed for relief under Chapter 7. In response, the plaintiffs [...]

Reconsideration: In re Johnson

By Daily Record Staff
POSTED: June 3, 2011
Tags: Exempt Property, Reconsideration, U.S. Bankruptcy Court, WDNY

U.S. Bankruptcy Court, WDNY Reconsideration Exempt Property In re Johnson 10-12963 Judge Bucki Background: The debtor moved to reconsider the decision of the court to grant the County of Chautauqua’s cross motion for judgment dismissing the complaint to avoid the tax foreclosure of his home. Specifically, the debtor asked the court to reconsider the court’s [...]