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Bankruptcy

U.S. Bankruptcy Court, WDNY — Collective Bargaining Agreement: In re MCD Plumbing, Inc.

U.S. Bankruptcy Court, WDNY Collective Bargaining Agreement Motion to Reject — Equitable Considerations In re MCD Plumbing, Inc. 12-11759 B Judge Bucki Background: The debtor moved to reject a collective bargaining agreement between the Local Union and the Western New York Association of ...

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U.S. Bankruptcy Court, WDNY — Disgorgement of Legal Fees: In re RAMA Group of Companies, Inc.

U.S. Bankruptcy Court, WDNY Disgorgement of Legal Fees Compensatory Sanctions In re RAMA Group of Companies, Inc. 00-12654 K Judge Bucki Background: In a Chapter 11 proceeding, a law firm and three of its partners moved to dismiss a motion filed ...

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U.S. Bankruptcy Court, WDNY — Mortgagee’s Objection: In re Michele L. Hurd

U.S. Bankruptcy Court, WDNY Mortgagee’s Objection Secured Property Partially Divided In re Michele L. Hurd 12-13377B Judge Bucki Background: At issue was whether Section 1325(a)(5) of the Bankruptcy Code allowed a court to overrule a mortgagee’s objection to a plan ...

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

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 ...

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

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, ...

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

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 ...

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

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 ...

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

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 ...

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Property Transfer: In re Berkich

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 ...

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Environmental Regulations: In re Gollnitz

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 ...

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Chapter 13 Conversion: In re: Kim M. Schick

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. ...

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