I received this inquiry from someone out-of-town, so I will not be representing them as their attorney (some information altered for privacy reasons): Q: I retired from a public employer in New York State, and started collecting my pension this year. I am also...
As previously reported here, bankruptcy filings have been falling in the Western District of New York. A new analysis by the National Bankruptcy Research Center (NBKRC) shows that consumer bankruptcy filings are also down nationwide. The analysis, prepared by...
The Hon. Robert E. Littlefield, Jr., Chief Judge of the United States Bankruptcy Court for the Norther District of New York has denied Joseph J. O'Hara a bankruptcy discharge. In re O'Hara, NDNY Bk #08-12108; AP #09-90055; decision April 18, 2011. The debtor, who...
When confirming a Chapter 13 plan in the bankruptcy court in Rochester, Judge John C. Ninfo II emphasizes to every debtor the need to maintain accurate records of mortgage payments made after the case is filed ('post-petition.) Standing Trustee George M. Reiber also...
Is a 401(k) retirement plan exempt in bankruptcy under New York law? Does it make a difference if the funds were transferred into the retirement account when the debtor was insolvent (a constructive fraudulent conveyance)? What about funds transferred into the account...
Ms. R from the Buffalo area wrote to me and asked what advise I could give her concerning her $100,000 + student loan debt. Payments are increasing by 1/3 and she can hardly afford the current payment. If you have a better answer than me, please post a comment. My...
On March 23, I reported that there was pending in the New York State legislature a proposal that would allow local municipalities to sell their property tax liens to private parties, with the consent of the property owner. The lender who pays the pax in exchange for...
Bankruptcy filings in the Western District of New York continue to decline compared to last year. 772 bankruptcy cases were filed in WDNY in March 2011, compared to 951 in 2010. This is a decrease of 18.8% compared to March 2010. Some forecasters, myself included,...
The Syracuse Symphony Orchestra (SSO) voted early this week to shut down and file a chapter 7 bankruptcy, according to the Syracuse Post-Standard (article April 5, author Melinda Johnson.) The company terminated its season - its 50th anniversary season - early, with...
With a likely federal government shutdown just hours away, it is still unclear of the potential impact on bankruptcy cases, the court clerk's office, the Office of the US Trustee, and the bankruptcy court. However, it would appear that the court itself will continue...