Attorneys in the Rochester Bankruptcy Court who file motions need to set the time and date of the hearing on the motion according to the Court's calendar of available motion dates. Our prior bankruptcy judge, Hon. John C. Ninfo II, did not limit the number of motions...
The bankruptcy court for the Western District of New York is organized in two separate divisions: Rochester and Buffalo. The judges in each division determine their own court practice for the scheduling of motions, such as motions to remove a lien against the debtor's...
Medicaid planning often includes elderly parents transferring the title to their house to their kids, but retaining the right to own the property while they (the parents) are alive. When this happens, the parents have a "life estate" (that is, they own the house so...
A debtor's attempt to have her bankruptcy filing fee waived was ultimately denied by Judge Bucki in Buffalo, after it was revealed the debtor was entitled to a large tax refund when the case was filed. This tax refund was treated as income, at least for the purpose of...
Through the end of August, 2012, bankruptcy filings in both the Rochester and Buffalo divisions of the Western District of New York continue to decline. In the first eight months of 2012, 1,520 bankruptcy cases were filed in Rochester, a decrease of 13.2% from the...
If a debtor has recently run up a credit card account, will the bank seek to have its debt excepted from discharge? How much debt and over what sort of time period might cause a bank to file an exception-to-discharge lawsuit in the bankruptcy case? One review of...