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...
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...
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;...
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;...
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....
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,...