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Summary: 292 B.R. 496 (2003) In re David ANDERSON IV, Debtor. The Original Complaint in the Adversary Proceeding indicated that: (1) Anderson had "two (2) awards of maintenance and support by decisions and orders of the Supreme Court, Monroe County, that are nondischargeable pursuant to sections 523(a)(5) and (a)(15)"; (2) a June 30, 2000 Order, a copy of which was attached to the Original Complaint, required the Debtor to pay Anderson, as maintenance, $150.00 per week for a period of seven years from Ju......read more.


Summary: 172 B.R. 744 (1994) In re Thomas TANEFF, Debtor. Michael L. HOEHN, et al., Plaintiffs, v. Thomas TANEFF, Defendant. The debtor, Thomas Taneff, was the owner and operator of a tavern in the City of Lackawanna, *746 New York. Among his causes of action was one against the tavern keeper, Thomas Taneff, based upon New York's Dram Shop Act.Section 523(a) of the Bankruptcy Code provides that a discharge under chapter 7 "does not discharge an individual debtor from any debt . . . (6) for willful and ma......read more.


Summary: 411 B.R. 139 (2009) In re Lisa M. GAWRONSKI, Debtor. Prior to the filing of her bankruptcy petition, Lisa Gawronski and her husband signed five promissory notes as evidence for loans advanced to them by Lisa's brother, Robert Bartolucci. Rather, he asserts the defense of 11 U.S.C. § 547(c)(2), which provides as follows: (c) The trustee may not avoid under this section a transfer—... (2) to the extent that such transfer was in payment of a debt incurred by the debtor in the ordinary course of bus......read more.


Summary: 449 B.R. 7 (2011) In re Donald JOHNSON, Debtor. Additionally, he asks that the court issue an order *10 declaring that the debtor retains a protected interest in the real property, declaring that the county has failed to perfect a transfer of the real property, holding the county in contempt for violating the automatic stay, and granting summary judgment in the adversary proceeding to avoid both the judgment of foreclosure and any transfer of the debtor's real estate. Section 522(h) of the Bankr......read more.




Summary: 354 B.R. 649 (2006) In re Jack D. BROMSTEAD, Deborah A. Bromstead, Debtors. Jack and Deborah Bromstead filed a petition for relief under chapter 13 of the Bankruptcy Code on May 26, 2005.




Summary: 296 B.R. 645 (2003) In re Paul HEJMOWSKI, Janice E. Hejmowski, Debtors. The Court writes to express its agreement with the result reached in In re Aldrich, 250 B.R. 907 (Bankr.W.D.Tenn.2000) and its disagreement with the reasoning and result reached in In re Kleinfeldt, 287 B.R. 291 (10th Cir. Rather, § 236 of the New York Domestic Relations Law specifies, for purposes of matrimonial actions, that [t]he term "marital property" shall mean all property acquired by either or both spouses during the......read more.


Summary: 57 B.R. 81 (1985) In re David R. SMITH, Sandra J. Smith, Debtors. FACTS I In the case of Sandra S. and David R. Smith, Douglas A. Spoto has filed an objection to the real estate exemption claimed by David R. Smith in the filing of his bankruptcy case on April 30, 1985.


Summary: 381 B.R. 441 (2008) In re Martin H. TRUDELL, Debtor. The matter is before this Court because the Debtor has brought a 11 U.S.C. § 522(f) motion to set aside such judgment lien, relying on the expanded homestead exemption, a motion which cannot succeed if the homestead exemption for this Debtor and this pre-amendment judgment lien-holder, remains at $10,000, as the judgment creditor argues.


Summary: 179 B.R. 17 (1995) In re Joseph GEORGE, Debtor. [1] At the adjourned pretrial conference, counsel for Elmira Savings indicated that: (1) the Debtor had been deposed on February 11, 1994; (2) as a result of the Debtor's testimony at the deposition, Elmira Savings was reevaluating its position in the Dischargeability Proceeding; (3) the Debtor's testimony at the deposition indicated that he had failed to disclose material information on his bankruptcy schedules, including his ownership of various ......read more.


Summary: On August 4, 2003, Harris Beach filed a Motion for Summary Judgment (the "Motion for Summary Judgment") which asserted that: (1) on January 24 through 28, 2000, Justice Thomas M. Van Strydonck ("Judge Van Strydonck") conducted a trial in the State Court Action to resolve ancillary matrimonial issues, including maintenance and support; (2) on May 24, 2000, Judge Van Strydonck issued Findings of Fact and Conclusions of Law which ordered that the Debtor pay seventy-five percent (75%) of Anderson's ......read more.




Summary: 392 B.R. 35 (2006) In re Darren Lamont RICE, Debtor. On May 31, 2006, Darren Lamont Rice filed his initial petition for relief under chapter 13 of the Bankruptcy Code. In the present instance, during the year prior to commencement of the current bankruptcy proceeding, this court dismissed one prior case that Darren Lamont Rice had filed under chapter 13.


Summary: 225 B.R. 37 (1998) In re James D. LUTGEN, Debtor. WEGMANS FOOD MARKETS, INC., Plaintiff, v. James D. LUTGEN, Defendant. Specifically, Wegman's Food Markets (hereinafter "Wegman's" or "Plaintiff") alleges that James D. Lutgen (hereinafter "Lutgen" or "Debtor") issued fifteen checks to Wegman's between November 16, 1996 and February 4, 1997. On March 17, 1998, Debtor filed for relief under Chapter 7 of the Bankruptcy Code. After the bankruptcy court's decision was affirmed by the district and circ......read more.


Summary: 183 B.R. 52 (1995) In re Richard L. GORANSON and Carole E. Goranson, Debtors. Carole E. GORANSON, Plaintiff, v. PENNSYLVANIA HIGHER EDUCATION ASSISTANCE AGENCY, Defendant. This adversary proceeding was initiated by the Debtor, Carole Goranson, in an effort to have her student loan indebtedness declared dischargeable as an undue hardship under 11 U.S.C. § 523(a)(8). Although that alone seems to imply that having *55 to repay a student loan would be an undue hardship, the Claxton court found that ......read more.


Summary: 31 B.R. 414 (1983) In re FABMET CORPORATION, Debtor. FABMET CORPORATION, Plaintiff, v. D.J. ANDREWS CORPORATION, Defendant. The debtor, Fabmet Corporation (Fabmet), filed its Chapter 11 petition on September *415 17, 1982. Thereafter, on March 25, 1983, Fabmet filed a complaint against D.J. Andrews Corp. (Andrews) to recover a transfer alleged to be preferential within the provisions of section 547(b) of the Code. First, the debtor argues that computing the time within which the transfer occurre......read more.


Summary: 36 B.R. 710 (1984) In re Allen WANDERLICH, Individually and d/b/a A.T.V.S. Service Company, and an officer of Allen's T.V. Sales & Service, Inc., Maryann Wanderlich, Debtors. Allen Wanderlich, Debtor pro se. The debtors, Allen and Maryann Wanderlich filed their Chapter 13 petition on April 15, 1981. At the time of that filing, they owned their own home and Mr. Wanderlich, in addition, owned a business property on Sycamore Street in the City of Buffalo, New York. Mr. Wanderlich, for many years, h......read more.




Summary: 223 B.R. 648 (1998) In re Michael Quintin HEAD and Sandra Head Garnet Neil Webster Rudy Darius Chariandini Thomas Stinson Medland Joseph Ross Lowrie Robert James Tweedy Murray Hogarth, Debtors. After a hearing upon Lloyd's' motions to dismiss, this writer announced from the Bench in open court that these Chapter 11 and 13 cases will be dismissed, some for lack of "eligibility" to be debtors under 11 U.S.C. § 109, and also because "cause" exists for all of the cases to be dismissed under 11 U.S.C......read more.