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 [...]
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 [...]
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 [...]
Bankruptcy court can hear legal malpractice suit
By Dolan Media Newswires
POSTED: August 3, 2010
Tags: chapter 11, legal malpractice, Second Circuit, U.S. Bankruptcy Court, U.S. Court of Appeals
A bankruptcy court had jurisdiction to decide claims of legal malpractice relating to a debtor’s Chapter 11 case, the U.S. Court of Appeals for the Second Circuit has ruled in affirming judgment.
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 [...]
Bankruptcy: Less is better
By Denise M. Champagne
POSTED: July 8, 2010
Tags: Bankruptcy, Economy, U.S. Bankruptcy Court, Western District of New York
While bankruptcy filings are up about 14 percent nationally, they’re down in Western New York. Total bankruptcy cases filed with the U.S. Bankruptcy Court, Western District of New York …
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 [...]
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 [...]
