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Summary: 211 B.R. 116 (1997) In re Michael Peter HARKO and Margaret Grace Harko, Debtors. KEY BANK OF NEW YORK, Appellant, v. Michael Peter HARKO and Margaret Grace Harko, Appellees, Andrea E. Celli, Trustee. Both concern the same issue of law, namely whether an oversecured creditor in a case under Chapter 13 of the Bankruptcy Code (the "Code"), 11 U.S.C. §§ 1301-1330, is entitled to its contractual rate of interest pursuant to § 506(b) of the Code post-confirmation. The Debtors-Appellees in the first ap......read more.


Summary: 210 B.R. 19 (1997) In re JLM, INC., Debtor. This is an appeal from the bench ruling of Judge Albert S. Dabrowski of the Bankruptcy Court for the District of Connecticut denying $39,000() of a requested $70,000 in fees to Zeisler & Zeisler P.C. ("Zeisler & Zeisler"), counsel for the debtor in possession. At issue is whether the bankruptcy judge properly denied compensation to the debtor in possession's counsel for services which the bankruptcy court deemed undertaken at the behest of the debtor's......read more.


Summary: 231 B.R. 149 (1999) In re SOLOMAT PARTNERS, L.P. and Solomat Enterprises, Inc., Debtors. Reorganized Solomat Enterprises, Inc. and Reorganized Solomat Partners, L.P., Debtors-Appellants, v. Jean-Pierre Ibar, William B. Bierce, Bierce & Kenerson, P.C., Michael R. Perle, Brian D. Graifman and Caro & Graifman, P.C., Respondents-Appellees. *150 *151 Solomat Partners, L.P. and Solomat Enterprises, Inc., New York City, by Cory E. Friedman, for appellants. Appellants-Reorganized Debtors Solomat Partner......read more.




Summary: 232 B.R. 549 (1999) In re C.R. DAVIDSON COMPANY, INC., CRD Sales & Leasing, Inc., Debtors. The Merchants Bank, George Cooke and Atlantic Bank and Trust Company, Creditor-Appellants, v. C.R. Davidson Company, Inc. and CRD Sales and Leasing, Inc., Debtor-Appellees, Estate of Muriel M. Davidson, Paul P. Tierney, Carol S. Tierney, Michael J. Bouchard, Martha Bouchard, Roselli Brothers, Inc., Creditor-Appellees, Raymond J. Obuchowski, Esq., Chapter 7 trustee, Trustee-Appellee, Office of the United St......read more.


Summary: 207 B.R. 373 (1997) In re TURNER, Price G., Jr., and Turner, Joan E., Debtors. Price G. TURNER, Jr. and Joan E. Turner, Appellants, v. CITIZENS NATIONAL BANK OF HAMMOND, Appellee. MEMORANDUM DECISION AND ORDER DENYING APPELLANTS' MOTION FOR STAY PENDING APPEAL The Appellants, Price G. Turner, Jr. and Joan E. Turner, joint chapter 13 debtors, have filed a motion pursuant to Bankruptcy Rules 8005 and 8011 to stay a foreclosure sale pending their appeal of the January 16, 1997 order of the Bankrupt......read more.


Summary: 216 B.R. 77 (1997) In re The RAINBOW TRUST, Business Trust, Debtor. The OFFICIAL UNSECURED CREDITORS' COMMITTEE OF THE RAINBOW TRUST, Business Trust, Appellant, v. MOULTON CONSTRUCTION, INC., Appellee. The appellant Official Unsecured Creditors' Committee ("Committee") appeals from the March 17, 1997 decision of the Bankruptcy Court for the District of Vermont (Conrad, C.J.), see 207 B.R. 70 (Bankr.D.Vt.1997) ("Rainbow Trust II"), in which the court determined that appellee Moulton Construction,......read more.


Summary: 220 B.R. 739 (1998) In re THE BENNETT FUNDING GROUP, INC., Debtor. The Order granted Richard C. Breeden, a Chapter 11 Trustee, (the "Trustee") partial summary judgment on his claim that a March 6, 1996 repayment of a loan to L.I. Bridge Fund (the "Lender") by The Bennett Funding Group, Inc. (the "Debtor") was a transfer on account of an antecedent debt owed by the Debtor before the payment was made, could be avoided by the Trustee pursuant to Section 547(b)[1], and could be recovered from the Le......read more.




Summary: 207 B.R. 41 (1997) In re Beverly OSZAJCA, Debtor. SEARS, ROEBUCK & CO., Appellant, v. Beverly OSZAJCA, Appellee. BACKGROUND Prior to the filing of her bankruptcy petition, Beverly Oszajca (the "Debtor") entered into a SearsCharge Agreement (the "Agreement") with Sears[1]. The Debtor moved for summary judgment, arguing first that the Agreement constituted a retail installment contract rather than a retail charge agreement under the Vermont Retail Installment Sales Act, Vt.Stat.Ann. Alternatively,......read more.


Summary: 223 B.R. 59 (1998) In re ALLEN-MAIN ASSOCIATES LIMITED PARTNERSHIP, Debtor. CC BRITAIN EQUITIES, L.L.C., Creditor-Appellant, v. ALLEN-MAIN ASSOCIATES LIMITED PARTNERSHIP, Debtor-Appellee. Appellant CC Britain Equities, L.L.C. ("Appellant" or "Britain") appeals the order of the bankruptcy court dated March 2, 1998, dismissing Britain's involuntary chapter 7 petition against Allen-Main Associates, Ltd. Partnership ("Appellee" or "Allen-Main") pursuant to § 303 of the Bankruptcy Code (11 U.S.C. §§ ......read more.


Summary: 223 B.R. 860 (1997) In re Steven T. EMMERLING, Debtor. Jennifer BATSTONE, Plaintiff-Appellee, v. Steven T. EMMERLING, Defendant-Appellant. Debtor-defendant-appellant Steven T. Emmerling ("Emmerling") appeals from an order of the Bankruptcy Court denying his motion to reopen his Chapter 7 case in order to allow him to bring a further motion to vacate a default judgment obtained by plaintiff-appellee Jennifer Batstone ("Batstone") in her adversary proceeding to determine dischargeability under 11 ......read more.


Summary: 229 B.R. 561 (1999) In re Gregory & Dawn MINER, Debtors. H & C Development Group, Inc., Creditor-Appellant, v. Gregory & Dawn Miner, Debtors-Appellees. H & C Development Group, Inc. ("H & C") presents us with two issues on appeal: (1) whether Gregory and Dawn Miner ("the Debtors") and First Vermont Bank and Trust Co. ("First Vermont") were bound by an alleged agreement announced, in open court and on the record, before the United States Bankruptcy Court for the Northern District of New York;[1] ......read more.


Summary: 219 B.R. 946 (1998) In re Roland A. BLAISE, Sr., aka North Country Appliances, Debtor. Roland A. BLAISE, Sr., Appellant, v. Douglas J. WOLINSKY, Esq., Trustee/Appellee, and Carolyn Loreman, Creditor/Appellee. Appellant Roland A. Blaise, Sr. (the "Debtor" or "Appellant") appeals the order of the bankruptcy court dated August 28, 1997 (the "Conversion Order") converting this chapter 13 case to a case under chapter 7 of title 11 of the United States Code (the "Bankruptcy Code"). Affidavits submitte......read more.


Summary: 203 B.R. 358 (1996) In re BIJAN-SARA CORPORATION, Debtor. Bijan-Sara Corporation ("Appellant"), through its principal, Bijan Bahramian *359 ("Bahramian"), filed an appeal from two orders of the Bankruptcy Court for the District of Vermont: a) an order dated October 22, 1996 (the "October 22, 1996 Order") granting the Federal Deposit Insurance Corporation ("Appellee") relief from the automatic stay provisions of 11 U.S.C. § 362; and b) an order dated November 6, 1996 denying reconsideration of th......read more.


Summary: 221 B.R. 298 (1998) In re VICTORY MARKETS, INC., Debtor. CHARTER ASSET CORP. and Benderson Development Company, Inc., Creditors-Appellants, v. VICTORY MARKETS, INC. and Estate of William Morris, Creditor-Appellee. BACKGROUND AND ARGUMENTS Charter Asset Corp. and Benderson Development Company, Inc. ("Charter/Benderson"), have appealed an order of Chief Bankruptcy Judge Stephen D. Gerling, which declared that the debtor had rejected the lease of a store in the New Hartford Shopping Center. Victory......read more.


Summary: 229 B.R. 552 (1999) In re Kevin RENSHAW, Debtor. Robert H. Lawler, Dewitt, New York, for Kevin Renshaw, debtor-appellee. The Bankruptcy Court Order: (1) denied a Motion for Summary Judgment brought by Cazenovia College ("Cazenovia"); and (2) dismissed the Complaint of Cazenovia in its "Adversary Proceeding" against the debtor, Kevin Renshaw ("Renshaw"), to have a debt determined to be nondischargeable pursuant to Section 523(a)(8).By executing the Reservation Agreement, which incorporated certai......read more.


Summary: 245 B.R. 768 (2000) In re Patrick W. REILLY Betty-Ann D. Reilly, Debtors. FACTS The facts based upon the pleadings and found by the Bankruptcy Court in its decision of June 14, 1999, are as follows: *771 In 1987, Patrick W. Riley (hereinafter "Debtor"), Thomas Tyler and Russell Tyler (hereinafter the "Tylers") and the Appellant entered into a loose arrangement whereby they would develop and sell various parcels of real estate. The Order's chief administrator between 1988 and 1997 was Father Thom......read more.


Summary: 217 B.R. 375 (1998) In re Sharon THOMPSON, Debtor. GREEN TREE CREDIT CORPORATION, Creditor-Appellant, v. Sharon THOMPSON, Appellee. *376 W. Bodow, Syracuse, NY, for Sharon Thompson (Debtor). Not only does Green Tree contend that the mobile home is worth more than Debtor claims, it also contends that in any event, Debtor may not "cram down"[4] its claim to the value of the collateral due to the prohibition set forth in § 1322(b)(2). Judge Gerling denied Green Tree's motion for summary judgment, w......read more.