"Something went awry in this case", and indeed it did. This understated line opens the conclusory paragraph of the decision by Judge Robert E. Littlefield Jr. in In re Leone, Bankruptcy Court Northern District of New York (Albany Division) Chapter 7 #05-16603; AP...
Syracuse bankruptcy judge Margaret Cangilos-Ruiz has ruled that a bankruptcy debtor can claim a homestead exemption on an entire parcel or residential property, even if the debtor only resides in part of the property. In re Craig Michael McCarthy; WDNY Bk #11-31499;...
A bankruptcy court in Syracuse ruled that, in chapter 13, the interest rate owed to a private purchaser of a property tax lien is the same as the government interest rate. In re Meyhoefer, Bankruptcy Court Northern District of New York chapter 13 #10-33272; Hon....
Following Western District of New York precedent, a bankruptcy judge in the Northern District of New York concluded that, in a New York tax foreclosure, title to real estate does not transfer from the property owner to the taxing authority (here, a village) until the...
As a reminder that passing the means test does not end the possibility of a chapter 7 case being considered abusive, a debtor in Albany had just such a case dismissed in June. In re Glavin; Northern District of New York Bankruptcy #10-10094 Judge Littlefield; June 22,...
The Hon. Robert E. Littlefield, Jr., Chief Judge of the United States Bankruptcy Court for the Norther District of New York has denied Joseph J. O'Hara a bankruptcy discharge. In re O'Hara, NDNY Bk #08-12108; AP #09-90055; decision April 18, 2011. The debtor, who...
When confirming a Chapter 13 plan in the bankruptcy court in Rochester, Judge John C. Ninfo II emphasizes to every debtor the need to maintain accurate records of mortgage payments made after the case is filed ('post-petition.) Standing Trustee George M. Reiber also...
Is a 401(k) retirement plan exempt in bankruptcy under New York law? Does it make a difference if the funds were transferred into the retirement account when the debtor was insolvent (a constructive fraudulent conveyance)? What about funds transferred into the account...
Utica Bankruptcy Judge Diane Davis has issued a decision disagreeing with a previous decision by Northern District of New York Chief Judge Robert E. Littlefeld Jr., and that debtors with above-median income Chapter 13 cases must file a plan that runs a full five...
A judge form the Bankruptcy Court for the Northern District of New York has ruled that the recent Supreme Court decisions in Hamilton v. Lannin, 130 S. Ct. 2464, 2468-69 (2010), and Ransom v. FIA CardServices, 131 S. Ct. 716 (2011), do not permit a bankruptcy court to...