In re Spears (Bk 08-13988; Judge Bucki decision Dec. 9, 2009): A Chapter 7 debtor attempted to avoid, or remove, a judgment lien and a mechanic's lien against commercial property. The property was worth $167,000 and had a $220,000 first mortgage. The debtor attempted...
Casenotes: 2009 WDNY Bankruptcy Cases
Casenotes: 2009 WDNY Bankruptcy Cases
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Car loan in excess of $16,000 is a ‘luxury’
In re: Andrea Daniel-Sanders; Bk 09-10695 (Judge Bucki 12/30/2009). In this chapter 13 case in Buffalo, a single mother with three kids filed a case where she had two cars, each with a car loan. Her chapter 13 plan called for keeping both cars and paying general...
Reasonably anticipated changes in income and expenses: CFCU Federal Credit Union v. Frisbie
CFCU Federal Credit Union v. Frisbie; 2009 U.S. Dist. LEXIS 89464 (W.D.N.Y., Judge Siragusa, Sept. 28, 2009). This case, filed in March of 2006, was one of the early post-BAPCPA (Bankruptcy Abuse Prevention & Consumer Protection Act of 2005) cases. CFCU Federal...