A debtor cannot be compelled to turn over tax refunds she no longer has, in a Buffalo case where the debtor originally filed Chapter 13, spent the refunds, and then converted to Chapter 7. In re Schick Bankruptcy WDNY (Buffalo) #09-15602 (Judge Bucki; decision July...
Casenotes: 2011 WDNY Bankruptcy Cases
Abuse Determined as of Petition Date in Buffalo Case converted to 13 then back to 7: Karlstrom
Courts are divided as to whether Chapter 13 cases converted to Chapter 7 are subjected to the Chapter 7 'means test' of Bankruptcy Code Section 707(b). However, a Buffalo bankruptcy judge has determined that a case originally filed in Chapter 7, then converted to...
Disability Payments No Longer Exempt Once Received, Says Judge Ninfo: In re Widner
Rochester Bankruptcy Judge John C. Ninfo has ruled that Worker's Compensation disability payments are not exempt from a bankruptcy trustee if received before the filing of the bankruptcy petition. In re Widner; Western District of New York Bankruptcy # 10-20209;...
Figuring Factors: Paying Suppliers Probably OK: Dommer
As a consumer bankruptcy attorney, I rarely need to get involved in complicated commercial financing issues, so Judge Kaplan's most recent decision was a primer on factoring in the construction industry. In re Dommer Construction Corporation WDNY Ch. 11 Bk 10-12764;...
Residual inheritance interest in a house not exempt under New York law: Wisotzke (II)
This is a continuation (the dropping of the second show, if you will) of the Wisotzke case; a Rochester Chapter 13 (case #08-21178.) Last August, I posted a blog in the WDNY case notes for 2008 Category about the first decision in this case, 392 B.R. 39 (Bky.W.D.N.Y....
Trustee May Sell Car Over Debtor’s Objection, Says Judge Bucki (in re Burgio)
Judge Bucki in Buffalo has fully supported a bankruptcy trustee's motion to have a partially exempt car turned over, and denied the debtor's motion that the asset be abandoned, in a case released January 11 (In re Burgio; WDNY Ch. 7 Bk #10-12259; decision Dec. 23,...