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 [...]
Bankruptcy: In Re Dale E. Anderson
By Daily Record Staff
POSTED: April 5, 2011
Tags: Abusive Filings, Bankruptcy, Retirement-Conversion to Chapter 13, U.S. Bankruptcy Court, Western District of New York
U.S. Bankruptcy Court, Western District of New York Bankruptcy Abusive Filings — Retirement-Conversion to Chapter 13 In Re Dale E. Anderson 10-11161 Judge Bucki Background: The Office of the United States Trustee has moved to dismiss this Chapter 7 case as an abusive filing under 11 U.S.C. §707(b). Although he concedes income at a level [...]
Bankruptcy: In Re Ciara Minor
By Daily Record Staff
POSTED: March 9, 2011
Tags: Bankruptcy, Personal Injury Proceeds, settlement, U.S. Bankruptcy Court, Western District of New York
U.S. Bankruptcy Court, Western District of New York Bankruptcy Personal Injury Proceeds — Settlement In Re Ciara Minor 09-12095 Judge Bucki Background: The Chapter 7 trustee seeks authorization to settle claims to the proceeds of personal injury litigation. He proposes to pay sums purportedly due under a pre-settlement finance agreement and to surcharge the debtor’s [...]
Chapter 7: In Re Walter M. Seres
By Daily Record Staff
POSTED: October 19, 2010
Tags: Chapter 7, disclosure, Personal Injury Suits, U.S. Bankruptcy Court, Western District of New York
U.S. Bankruptcy Court, Western District of New York Chapter 7 Personal Injury Suits — Disclosure In Re Walter M. Seres 08-12185 Judge Bucki Background: In a Chapter 7 case, the court considers the reasonableness of a personal injury settlement and the consequences of the debtor’s failure to disclose the existence of the underlying cause of [...]
Chapter 7 Conversion: In Re Tina M. Lang
By Daily Record Staff
POSTED: October 5, 2010
Tags: Chapter 7 Conversion, Post-Filing Depreciation, U.S. Bankruptcy Court, Western District of New York
U.S. Bankruptcy Court, WDNY Chapter 7 Conversion Post-Filing Depreciation In Re Tina M. Lang 05-16767 Judge Bucki Background: The Chapter 7 trustee moved to compel the debtor to turn over $7,250, the non-exempt value of an automobile as of the date of the filing of her case in Chapter 13. The central issue concerns [...]
Secured Creditors: In Re Lyons Equipment Co. Inc.
By Daily Record Staff
POSTED: September 28, 2010
Tags: fiduciary duty, restructuring, secured creditors, U.S. Bankruptcy Court, Western District of New York
U.S. Bankruptcy Court, Western District of New York Secured Creditors Fiduciary Duty — Restructuring In Re Lyons Equipment Co. Inc. 09-12419 Judge Bucki Background: Prior to the commencement of bankruptcy proceedings, a secured creditor caused the appointment of a chief restructuring officer to operate the debtor’s business. The underlying issue concerns whether that secured creditor [...]
