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 [...]
Debtors may gain from ‘Schwab’ ruling
By Correy E. Stephenson
POSTED: June 25, 2010
Tags: bankruptcy trustee, Chapter 7, debtors, SCOTUS
A U.S. Supreme Court decision that went against a debtor earlier this month actually may prove to be a boon for future consumer debtors.
SCOTUS: Trustee can seek undervalued assets
By Dolan Media Newswires
POSTED: June 18, 2010
Tags: bankruptcy trustee, Chapter 7, personal property, SCOTUS
A bankruptcy trustee could seek to recover the amount by which a debtor undervalued personal property when she declared it exempt in her Chapter 7 case, the U.S. Supreme Court has ruled in a 6-3 decision.
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 [...]
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 [...]
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 [...]
Bankruptcy Appeal — Chapter 7: Ring v. McDonald
By Daily Record Staff
POSTED: March 25, 2010
Tags: Bankruptcy appeal, Chapter 7, U.S. District Court Western District of New York
U.S. District Court, Western District of New York Bankruptcy Appeal — Chapter 7 Spouse’s Bankruptcy Estate-Insurance Policies Ring v. McDonald 09-CV-398 Judge Skretny Background: The Chapter 7 trustee appeals the bankruptcy court’s decision to grant the debtors’ motion to compel the trustee to return insurance policy proceeds. The bankruptcy court held that certain insurance policy [...]
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 [...]
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 [...]
Chapter 7: Grano v. Wells Fargo Bank NA
By Daily Record Staff
POSTED: February 10, 2010
Tags: Chapter 7, Mortgages, U.S. Bankruptcy Court
U.S. Bankruptcy Court, Western District of New York Chapter 7 Second Mortgage — Encumbered by Prior Lien Grano v. Wells Fargo Bank NA 09-11302 Judge Bucki Background: At issue before the court is whether the rationale of In re Pond, 252 F3d 122 (Second Cir. 2001) will allow a debtor in Chapter 7 to avoid [...]
