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Freedom Village awaits decision
Freedom Village USA, the Yates County facility for troubled youths, is awaiting a decision on its appeal of the state Labor Department’s claim that the organization owes more than $1.5 million in unpaid wages. “We have closing arguments, summations in this matter and it’s to be decided,” said Anne Hohenstein, managing attorney for the state […]
Bankruptcies continue to decline
Bankruptcy filings in U.S. Bankruptcy Court for the Western District of New York for the 12-month period ending Dec. 31 were down 6 percent, compared to the previous year. There were 4,157 filings in 2016, and 4,425 in 2015, according to information reported by Court Clerk Lisa Bertino Beaser. In 2016, most bankruptcies (2,924) were […]
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 Plumbing and Mechanical Contractors. The agreement is a multi-employer arrangement that establishes a unif[...]
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 by the Official Committee of Unsecured Creditors to compel a disgorgement of legal fees and […]
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 that proposes to divide the collateral into two parcels: one to be abandoned and the […]
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 to liquidate certain assets by a date certain. The debtors failed to liquidate its equipment […]
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, of an investor called Pre-Settlement Finance LLC and of the bankruptcy estate. PSF and the […]
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 from the purchase of pharmaceuticals. The defendant responded that the transfers occurred in the ordinary […]
Judge Warren’s bankruptcy ct. term begins
After serving as clerk of the U.S. Bankruptcy Court, Western District of New York for the past 12 years, Judge Paul R. Warren began a 14-year-term as Rochester’s bankruptcy judge March 15. Judge Warren will receive new federal judge training at the Federal Judicial Center in Washington, D.C., at the end of April, and in […]
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 through the avoidance of allegedly fraudulent transfers to the corporation’s principal. Prior to the [...]
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 mother in a home in Lancaster, NY. The debtor had only a life estate in […]
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 several breaches of the state’s petroleum bulk storage regulations and served the debtors with notice […[...]
Case Digests
- Fourth Department – Negligent performance: Rosenthal v. Syracuse University, et al.
- Second Circuit – Visual Artists Rights Act: Kerson v. Vermont Law School Inc.
- NYS Advisory Committee on Judicial Ethics – Former foreclosure referee: Opinion 22-157
- NYS Advisory Committee on Judicial Ethics – College honorarium: Opinion 22-156
- Second Circuit – Reasonable accommodation: Tafolla v. Heilig
- Fourth Department – Labor Law: Primisch v. Peroxychem LLC
- NYS Advisory Committee on Judicial Ethics – Judicial candidacy: Opinion 22-155
- Fourth Department – Defamation: Lavine v. Glavin
- NYS Advisory Committee on Judicial Ethics – Law clerk: Opinion 22-154
- NYS Advisory Committee on Judicial Ethics – Review of another judge’s actions: Opinion 22-153
- NYS Advisory Committee on Judicial Ethics – Charitable contributions: Opinion 22-150
- Second Circuit – Class action settlement: Moses v. The New York Times Company
Law News
- Appeals court upholds conviction
- Federal lawsuit reinstated against jail officer over strip search, delayed release
- Hyzon to pay $25M penalty to settle alleged fraud charges by SEC
- NY appeals court reinstates lawsuit over contract to remove snow
- Fourth Department affirms $400K judgment in contract dispute
- Fourth Department affirms decision in NY property dispute
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
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