Skip to main content

Page Banner(Taxonomy)

western district of new york

Diocese of Rochester, In re

Ruling
Motion for appointment of an independent fee examiner was denied as the case was not solarge or complex as to justify the administrative expense. (Bankr. W.D.N.Y.)
Issue(s)
Power of Court.

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 April 16, 2020 , LexisNexis #0620-026

Gunsalus, In re--Gunsalus v. Ontario Cty.

Ruling
Involuntary transfer of debtors' property was set aside as a constructively fraudulent transferas the purchase price was not reasonably equivalent to the value of the property. (Bankr.W.D.N.Y.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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

Consumer opinion summary, case decided on February 19, 2020 , LexisNexis #0420-019

F.M. Butt Hotels, Corp., In re

Ruling
Filing injunction extended to prevent debtor from interfering with foreclosure action in statecourt. (Bankr. W.D.N.Y.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.

ABI Membership is required to access the full summary of F.M. Butt Hotels, Corp., 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 January 17, 2020 , LexisNexis #0220-076

Calascibetta, In re

Ruling
Debtor’s delays were cause to convert Chapter 11 case to Chapter 7. (Bankr. W.D.N.Y.)
Issue(s)
Conversion or Dismissal; Conversion to Chapter 11 or 12.

ABI Membership is required to access the full summary of Calascibetta, 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 January 16, 2020 , LexisNexis #0220-093

H & S Truck Stop Travel Plaza LLC, In re

Ruling
Case dismissed with two-year filing bar as debtor failed to respond to the request of thetrustee to schedule the initial conference and also failed to provide proof of insurance and itsmost recent tax return. (Bankr. W.D.N.Y.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; What Constitutes

ABI Membership is required to access the full summary of H & S Truck Stop Travel Plaza LLC, 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 December 20, 2019 , LexisNexis #0220-046

Pick-Your-Own, Inc., In re

Ruling
Injunctive relief preventing creditor from pursuing counterclaim denied as debtor failed toshow or allege danger of imminent, irreparable harm. (Bankr. W.D.N.Y.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.

ABI Membership is required to access the full summary of Pick-Your-Own, 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 November 21, 2019 , LexisNexis #0120-002

Haynes, In re

Ruling
Motion to lift automatic stay granted where hardship deferral agreement terminated prepetition and there was nothing left for the trustee to assume under 11 U.S.C. § 365(a). (Bankr.W.D.N.Y.)
Issue(s)
Executory Contracts and Unexpired Leases.

ABI Membership is required to access the full summary of Haynes, 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 01, 2019 , LexisNexis #1019-010

F.M. Butt Hotels, In re

Ruling
Creditor's motion to dismiss for cause was granted where court found that dismissal was inthe best interests of creditors, the estate, and the public. (Bankr. W.D.N.Y.)
Issue(s)
Conversion or Dismissal.

ABI Membership is required to access the full summary of F.M. Butt Hotels, 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 May 03, 2019 , LexisNexis #0719-043

Butt, In re

Ruling
Debtor's case was dismissed as in the best interest of creditors. (Bankr. W.D.N.Y.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.

ABI Membership is required to access the full summary of Butt, 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 April 04, 2019 , LexisNexis #0619-044

Semans, In re

Ruling
Court denied debtors' motion to vacate where there was no statutory basis to vacate the discharge order for the purpose of filing a post-discharge reaffirmation agreement. (Bankr. W.D.N.Y.)
Issue(s)
Effect of Discharge; Reaffirmation Agreements; Agreement Made Prior to Discharge.

ABI Membership is required to access the full summary of Semans, 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 29, 2018 , LexisNexis #1018-047