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Summary: 102 B.R. 905 (1989) In re COMMAND SERVICES CORP., Debtor. 9023 for an order amending its Order entered October 12, 1988 regarding the final allowance of fees to Sheehan as Special Counsel to Command Services Corporation ("Debtor"). On October 12, 1988, the Court issued a Memorandum-Decision and Order which determined the amount of Sheehan's fee and further concluded that "the $80,000.00 recovered by the Debtor from the Bank of Vermont resulted not from a series of `Collection Actions' as Sheehan......read more.


Summary: 386 B.R. 5 (2008) In re FRANKLIN INDUSTRIAL COMPLEX, INC., Debtor. On February 1, 2008, three separate disclosure statements ("Debtors' DS") were filed on behalf of Christine Falls of New York, Inc. ("CFC"), Franklin Industrial Complex, Inc. ("Franklin") and Trafalgar Power, Inc. ("TPI") (collectively the "Debtors"). Both motions were adjourned to March 25, 2008, after the Court requested that memoranda of law be submitted on *7 issues raised at the hearing on February 26, 2008. Hydro Investors,......read more.


Summary: 203 B.R. 873 (1996) In re MEGAN-RACINE ASSOCIATES, INC., Debtor. NIMO's first motion seeks to terminate ("termination motion") payments it makes to Megan-Racine Associates, Inc. ("Debtor") pursuant to New York Public Service Law § 66-c(2) ("6¢ payments" or "PSL § 66-c(2)") for electrical power purchased from Debtor. NIMO's second motion, brought before the Court pursuant to a December 28, 1995 Order shortening notice and Code §§ 363(e) and 105(a), seeks to pay into the registry of the Court, pen......read more.


Summary: 192 B.R. 321 (1995) In re MEGAN-RACINE ASSOCIATES, INC., Debtor. The within contested matter is before the Court by way of a motion filed by Niagara Mohawk Power Corporation ("NIMO") requesting the escrow of alleged future contract overpayments being made to Megan-Racine Associates, Inc. ("Debtor"). NIMO's motion, filed pursuant to Bankruptcy Code §§ 363(e) and 105(a) (11 U.S.C. §§ 101-1330) ("Code"), is opposed by Debtor, Federal Deposit Insurance Corporation ("FDIC"), as receiver for the New B......read more.


Summary: 82 B.R. 674 (1988) In re Robinson R. CANCEL, Debtor. Robinson R. CANCEL, Plaintiff, v. The debtor's criminal sentence required him as a condition of probation to make restitution, payable to the defendant, Citizens for Law, Order & Justice, Inc. ("Citizens"). The debtor paid a portion of the required restitution and listed the balance of approximately $2,000 owing as a claim on his chapter 13 schedules, whereupon he ceased making payments. In re Button, 8 B.R. 692 (Bankr.W.D.N.Y.1981); In re Joh......read more.


Summary: 65 B.R. 27 (1986) In re Virgil HAGER, Debtor. Virgil Hager ("Debtor") seeks an order discharging of record a judgment lien of James F. Lattner ("Lattner") filed with the County Clerk of Oswego County, New York on or about December 20, 1979. Debtor alleges that the real property in question, located in Oswego County, New York, ". . . is occupied by the debtor and his wife who is not a debtor in these proceedings." [2] Code Section 522 provides: (f) Notwithstanding any waiver of exemptions, the de......read more.


Summary: 195 B.R. 572 (1995) In re Joseph L. VIANESE, Constance A. Vianese, Debtors. TURNING STONE CASINO, Plaintiff, v. Joseph L. VIANESE, Constance A. Vianese, Defendants. Presently before the Court is a motion filed on June 26, 1995, by Constance A. Vianese (C. Vianese) seeking summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure ("Fed.R.Civ.P."), in the adversary proceeding *574 commenced by Turning Stone Casino[1] ("Plaintiff') on April 10, 1995, against C. Vianese and her hu......read more.


Summary: 263 B.R. 50 (2001) In re Paul FANELLI, Debtor. Estate creditor Paul E. DeBuono ("DeBuono") commenced the instant pro se Adversary Proceeding against the Debtor, Paul Fanelli ("Debtor"), pursuant to Sections 523(a)(2) and (4) of the U.S. Bankruptcy Code, 11 U.S.C. §§ 101-1330 ("Code") on February 14, 2000. See Plaintiff's Exhibit 14 ("/s/ Paul Fanelli Gave to Paul Fanelli $1,600.00 cash for deposit on calcium, balance payable upon delivery C.O.D. 10-26-94 /s/ Paul E. DeBuono"). Lucy Fanelli testi......read more.


Summary: 213 B.R. 234 (1997) In re The BENNETT FUNDING GROUP, INC., Bennett Receivables Corporation, Bennett Receivables Corporation II, Bennett Management and Development Corporation, Debtors. See In re Rainbow Press of Fredonia, 197 B.R. 428, 429 (Bankr.W.D.N.Y.1996); In re 245 Assocs., LLC, 188 B.R. 743, 749 (Bankr. 576 (1932); In re Robotics Resources R2, Inc., 117 B.R. 61, 62 (Bankr.D.Conn.1990); In re French, 111 B.R. 391, 394 (Bankr.N.D.N.Y.1989); In re Ochoa, 74 B.R. 191, 195-96 (Bankr.N.D.N.Y.19......read more.


Summary: 323 B.R. 40 (2005) In re MID-STATE RACEWAY, INC., Debtor. In re Mid-State Development Corporation, Debtor. Under consideration by the Court is a motion ("Motion") filed on January 20, *43 2005, by Mid-State Raceway, Inc. ("Debtor" or "Mid-State Raceway") and Mid-State Development Corporation (hereinafter jointly referred to as the "Debtors" seeking approval of postpetition financing to be provided by Jeffrey Gural ("Gural") pursuant to § 364(c) of the Bankruptcy Code, 11 U.S.C. §§ 101-1330 ("Cod......read more.


Summary: 108 B.R. 407 (1989) In re Gary E. HENDERBERG, Janice M. Henderberg, Debtors. FACTS Gary E. and Janice M. Henderberg ("Debtors"), dairy farmers on the southwest outskirts of Rome, County of Oneida, New York, filed a voluntary petition in bankruptcy pursuant to Chapter 11 of the Bankruptcy Code, 11 U.S.C.A. §§ 101-1330 (West 1979 & Supp.1989) ("Code"), on January 13, 1987. *409 Article III of Debtors' Plan provided that the allowed priority claims under Code § 507(a)(7)(B) of Oneida County and Rom......read more.


Summary: 155 B.R. 824 (1993) In re HOTEL SYRACUSE, INC., Debtor. HOTEL SYRACUSE, INC., Plaintiff, v. CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY, Manufacturers Hanover Trust Company/Central New York, Apple Bank for Savings and Syracuse Economic Development Corporation, Defendants. Presently before the Court and considered herein is the motion by Hotel Syracuse, Inc. ("Debtor"), filed on July 30, 1992, and the cross-motion by the City of Syracuse Industrial Development Agency ("SIDA") and Syracuse Econ......read more.


Summary: 155 B.R. 622 (1993) In re Angelo AMODIO, Alleged Debtor. Before the Court is the application of the Alleged Debtor Angelo Amodio for an Order directing the turnover of certain funds in the amount of $1,925 currently held in escrow and alleged to be property of his estate. FACTS On or about January 3, 1992, the parties entered into a security agreement and the Bank filed a UCC-1 financing statement with the Secretary of the State of New York, evidencing the Bank's security interest ("security int......read more.


Summary: 37 B.R. 136 (1984) In re Noble P. ASHLINE, Beverly J. Ashline, Debtors. The issue presented herein is whether a business partnership existed between Noble Ashline (hereinafter, Debtor) and Edward Guthrie (hereinafter, Guthrie) during 1979 and 1980. On August 27, 1982, the Debtor and his spouse, Beverly Ashline, filed a joint petition pursuant to Chapter 13, Title 11, U.S.C. (hereinafter, the Code). [1] The IRS filed an objection on November 15, 1982 to the Debtor's motion, claiming the Debtor wa......read more.


Summary: 76 B.R. 919 (1987) In re Laura L. MAKARCHUK, Debtor. The New York State Higher Education Services Corporation ("NYSHESC"), and the State University of New York ("SUNY"), have timely filed objections to confirmation of Laura Makarchuk's ("Debtor") proposed Chapter 13 plan. The Eighth Circuit Court of Appeals enunciated certain non-exclusive "good faith" factors which a bankruptcy court must consider in passing upon Chapter 13 plan confirmation: 1) the amount of the proposed payments and the amoun......read more.


Summary: 138 B.R. 363 (1991) In re 499 W. WARREN STREET ASSOCIATES LIMITED PARTNERSHIP, Debtor. On August 8, 1991, 499 W. Warren Street Associates Limited Partnership ("Debtor") moved by way of an Order to Show Cause for a temporary restraining order prohibiting Niagara Mohawk Power Corporation ("NiMo") from terminating utility service to Debtor's property. By letter dated July 29, 1991, NiMo notified the Debtor that utility service to the Property would be terminated unless a deposit in the amount of $1......read more.


Summary: 195 B.R. 990 (1996) In re Charles W. FERRANTE, Debtor. Presently before the Court is a motion filed by Charles W. Ferrante ("Debtor") on February 16, 1996, seeking to vacate the filing of a deficiency judgment in the Onondaga County New York Clerk's Office by Geddes Federal Savings and Loan Association ("the Bank") on January 22, 1996. On or about December 4, 1995, the Debtor filed and served its Second Amended Notice ("December Notice") on the Bank and its attorney, as well as other interested ......read more.


Summary: 22 B.R. 844 (1982) In re Robert N. BROWN and Barbara Bex Brown, Debtors. Barbara Bex BROWN, Plaintiff, v. Virginia M. DELLINGER, Individually and d/b/a Dellinger Art & Antiques, Defendant. Statement of the Case On March 15, 1982, Barbara Bex Brown (hereinafter, Debtor) filed a complaint in this Bankruptcy Court. Because the New York state court orders were rendered subsequent to the Debtor's petition in bankruptcy, the Debtor seeks this Court to declare those state court decisions and orders of ......read more.


Summary: 423 B.R. 406 (2010) In re UNI IMAGING HOLDINGS, LLC, Debtors. January 12, 2010. *408 Jeffrey A. Dove, Esq., Menter, Rudin & Trivelpiece, PC, Syracuse, NY, for Debtors. Jane W. Arnone, Esq., Benanti & Associates, Stamford, CT, for Philips Medical Capital, LLC. Under consideration by the Court is a motion filed on October 13, 2008, on behalf of Uni Imaging Holdings, LLC (the "Debtor") seeking to modify the requirement for timely performance set forth in § 365(d)(5) of the U.S. Bankruptcy Code, 11 ......read more.


Summary: 114 B.R. 352 (1990) In re ONEIDA LAKE DEVELOPMENT, INC., Debtor. This contested matter comes before the Court on the motion of Oneida Lake Development, Inc., d/b/a Wood Pointe Marine ("Debtor") for an order pursuant to § 363 of the Bankruptcy Code (11 U.S.C.A. §§ 101-1330) (West 1989) ("Code"), permitting it to sell all of its real estate, together with all physical assets to Raymond H. Bloss ("Bloss") for the sum of $750,000.00 in accordance with the terms of a written purchase offer which is s......read more.