In re Seres; WDNY Bk 08-12185; Ford Credit v. Seres & Wallach; AP 09-01289 (Judge Bucki; Decision dated October 1, 2010). If a debtor fails to list an ongoing personal injury lawsuit on his bankruptcy petition, or report it to the trustee at the 341 hearing, that...
Casenotes: 2010 WDNY Bankruptcy Cases
Secured Creditor, Corporate Owner not liable for Corporate Wages: Lyons Equipment
In re: Lyons Equipment Company, Inc. Bk 09-21419; AP 09-1059 (Judge Bucki; decision September 8, 2010) Buffalo Bankruptcy Judge Carl Bucki has ruled that a secured creditor which took over management of a corporation is not liable for unpaid wages that were incurred...
Debtor’s truck can be his homestead, at least in part: Tullar
In re: Tullar; Bk 10-11214 (Judge Kaplan; August 18, 2010). It would be an understatement to say this was a case of first impression. The debtor's sole residence was the sleeper cab in his Peterbilt truck. Did the truck qualify for New York's homestead exemption?...
Debtor not liable for depreciated loss in value of car when case converted from 13 to 7: Lang
In re Lang Bk 05-16767 (Judge Bucki, decision September 17, 2010.) When this debtor filed Chapter 13 in 2005, she filed a five year plan to cure the arrears on her residence. At the time, she owned a car, free and clear, with $7,250 unexempt equity (value in excess of...
For distribution purposes, a Trustee cannot file a claim on behalf of a creditor: Davis
In re Gregory Davis 05-90690 (Judge Kaplan, June 11, 2010.) Note: the Case number on this case is 05-90690, NOT 05-09690, as is listed on the decision and order of June 11, 2010. Background information for this case note came from the court docket and the claims...
Bad Faith Chapter 13 plan: case filed 10 days after property transferred: Johnson
In Re: Walter Johnson Bk 08-14477 Judge Bucki April 21, 2010. This Chapter 13 case was filed October 9, 2008. According to the decision, Roger Dulski transferred the real estate at 1985 Genesee Street, Buffalo, to the debtor ten days earlier. Dulski himself had filed...
Retroactive application of Increased homestead exemption; Part II: Calloway and Nguyen
In re: Tanya Calloway 09-12133 (Judge Bucki; Feb. 16, 2010); In re Nguyen Bk 05-92833 (Judge Bucki Sept. 22, 2009). In August 2005, New York increased its "homestead exemption" from $10,000 to $50,000. In a previous bankruptcy case out of Rochester (I was the...