Western District

Garbo, In re

Ruling: 
Debtor's motion to avoid lien on marital residence that attached before debtor’s spousequitclaimed interest to debtor denied with leave to submit proof of insolvency. (Bankr.W.D.N.Y.)
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Consumer case opionion summary, case decided on January 27,2022, LexisNexis #0322-082

Select Tree Farms, Inc., In re

Ruling: 
Creditors could not withdraw their proofs of claim without prejudice to non-bankruptcyrecovery as the claims involved bankruptcy issues that were appropriately resolved inbankruptcy court. (Bankr. W.D.N.Y.)
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Commercial case opionion summary, case decided on November 30,2021, LexisNexis #0222-045

LCAV Enters., LLC, In re

Ruling: 
Bankruptcy court confirmed debtor's plan as complying with requirements for Subchapter V.(Bankr. W.D.N.Y.)
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Commercial case opionion summary, case decided on November 09,2021, LexisNexis #0122-020

Barbato, In re

Ruling: 
Bank's objection to a Chapter 13 confirmation plan was sustained as the plan failed to treat thebank's claim as secured as it held a perfected security interest in two annuity contracts underNew York law. (Bankr. W.D.N.Y.)
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Consumer case opionion summary, case decided on November 03,2021, LexisNexis #1221-100

Rochester Drug Coop., Inc., In re

Ruling: 
Motion to lift the automatic stay denied as proceeds of the insurance policy were not estateassets and that diminution of those assets would not harm the estate. (Bankr. W.D.N.Y.)
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Commercial case opionion summary, case decided on March 22,2021, LexisNexis #0521-004

Diocese of Buffalo, N.Y., In re

Ruling: 
Debtor diocese could employ an additional law firm to represent it in a state court actionbrought by the state attorney general. (Bankr. W.D.N.Y.)
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Commercial case opionion summary, case decided on February 23,2021, LexisNexis #0421-076

Rochester Drug Co-Operative, Inc., In re

Ruling: 
Debtor's Chapter 11 plan was confirmed as it satisfied the requirements for confirmation,feasible, and in the best interests of creditors. (Bankr. W.D.N.Y.)
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Commercial case opionion summary, case decided on February 26,2021, LexisNexis #0421-016

DuVall, In re--DuVall v. Cty. of Ontario

Ruling: 
Tax sale could be set aside as county did not provide reasonably equivalent value inexchange for title to the debtor's farm. (Bankr. W.D.N.Y.)
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Consumer case opionion summary, case decided on February 18,2021, LexisNexis #0321-089

Diocese of Buffalo, In re

Ruling: 
Court authorized the debtor to maintain its pre-petition fund investments in the fund, waivingthe requirements under § 345(b). (Bankr. W.D.N.Y.)
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Commercial case opionion summary, case decided on October 30,2020, LexisNexis #1220-079

Rochester Drug Coop., Inc., In re

Ruling: 
Creditor granted relief from stay to pursue its counterclaim for the setoff of the value ofreturned goods against debtor’s collection action. (Bankr. W.D.N.Y.)
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Commercial case opionion summary, case decided on October 28,2020, LexisNexis #1220-032

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