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 of the same. The debtors filed [...]

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 instituted to pay certain interest in [...]

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 sought a declaration that their claim, [...]

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 holding that he did not retain [...]

Bankruptcy filings still dropping

By Daily Record Staff
POSTED: May 4, 2011
Tags: bankruptcy filings, drop, Rochester, U.S. Bankruptcy Court, WDNY

The number of bankruptcy filings in U.S. Bankruptcy Court for the Western District of New York dropped significantly in April. Filings were down 28.7 percent from April 2010 in Rochester with 246 cases filed this year …

Tax Default: In re Johnson; Johnson v. County of Chautauqua 

By Daily Record Staff
POSTED: May 4, 2011
Tags: Fraudulent Conveyance, Tax Default, U.S. Bankruptcy Court, WDNY

U.S. Bankruptcy Court, WDNY
Tax Default
Fraudulent Conveyance
In re Johnson; Johnson v. County of Chautauqua
10-12963 B; AP 10-01067 B
Judge Bucki
Background: In this Chapter 13 case, the debtor sought to reverse the consequences of his default in a tax foreclosure proceeding concerning real property previously owned by the debtor. This dispute involves two issues. The first is whether [...]

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 that would satisfy the statutory requirement [...]

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 exemption for a portion of that [...]

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 action. In 2003, Walter Seres commenced [...]

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 whether the debtor must account for that [...]

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 and a chief restructuring officer or [...]