Skip to main content

Page Banner(Taxonomy)

western district of new york

Manning, In re

Ruling
Condominium owner was entitled to lift the automatic stay to proceed with foreclosure ofunits owned by debtor as debtor had no equity due to liens encumbering each unit. (Bankr.W.D.N.Y.)
Issue(s)
Automatic Stay; Relief from Stay.

ABI Membership is required to access the full summary of Manning, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 27, 2020 , LexisNexis #1020-029

Valdivia, In re

Ruling
Chapter 7 case ordered converted to Chapter 13 or dismissed due to presumption of abuse.(Bankr. E.D.N.C.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse.

ABI Membership is required to access the full summary of Valdivia, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 21, 2020 , LexisNexis #1020-015

Moore, In re

Ruling
Claim for cost of preparation of plan objection in routine case where debtor utilized officialform was excessive. (Bankr. W.D.N.Y.)
Issue(s)
Notice Relating to Claims Secured By Security Interest in the Debtor’s Principal

ABI Membership is required to access the full summary of Moore, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 04, 2020 , LexisNexis #0920-100

Diocese of Rochester, In re

Ruling
Motion for extension of bar date based on the COVID-19 pandemic was denied as the existingbar date provided for nearly one year to file. (Bankr. W.D.N.Y.)
Issue(s)
Filing Proof of Claim or Equity Security Interest in Chapter 9 Municipality or

ABI Membership is required to access the full summary of Diocese of Rochester, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on July 29, 2020 , LexisNexis #0920-022

Rochester Drug Coop., Inc., In re

Ruling
Unsecured creditors failed to demonstrate cause to lift the stay to assert setoffs of trade claims.(Bankr. W.D.N.Y.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

ABI Membership is required to access the full summary of Rochester Drug Coop., Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on July 24, 2020 , LexisNexis #0920-031

Rochester Drug Coop., Inc., In re

Ruling
Unsecured creditors did not demonstrate cause to lift the automatic stay to amend their answer to assert alleged setoff counterclaims in debtor’s state court lawsuit against them. (Bankr. W.D.N.Y.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

ABI Membership is required to access the full summary of Rochester Drug Coop., Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Commercial opinion summary, case decided on July 22, 2020 , LexisNexis #0820-081

Diocese of Buffalo, In re--Diocese of Buffalo v. Doe

Ruling
Court granted debtor diocese with a limited preliminary injunction on sexual abuse claimsagainst parishes and other entities covered by the same self-insurance programs as the diocese.(Bankr. W.D.N.Y.)
Issue(s)
Scope of Rules of Part VII.

ABI Membership is required to access the full summary of Diocese of Buffalo, In re--Diocese of Buffalo v. Doe Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on July 02, 2020 , LexisNexis #0920-073

Buczek, In re

Ruling
Motion for an injunction to stop a stay relief order for a foreclosure action was denied as the debtor suggested no discernable basis for a successful appeal. (Bankr. W.D.N.Y.)
Issue(s)
Automatic Stay; Relief from Stay.

ABI Membership is required to access the full summary of Buczek, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Consumer opinion summary, case decided on June 26, 2020 , LexisNexis #0820-054

Great Food Great Fun, LLC, In re

Ruling
State’s claim for debtor’s obligation to pay sales taxes incurred by predecessors was entitled to priority status. (Bankr. W.D.N.Y.)
Issue(s)
Priorities; Order of Priorities; Unsecured Governmental Claims; Collected or Withheld Tax.

ABI Membership is required to access the full summary of Great Food Great Fun, LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Commercial opinion summary, case decided on May 28, 2020 , LexisNexis #0720-082

Kearns, In re

Ruling
Relief from the automatic stay was appropriate based on debtor's failure to make pre-petitionand post-petition mortgage payments. (Bankr. W.D.N.Y.)
Issue(s)
Automatic Stay; Relief from Stay.

ABI Membership is required to access the full summary of Kearns, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 08, 2020 , LexisNexis #0620-083