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U.S. Bankruptcy Court, Western District of New York - Published and Unpublished Decisions by Chief Judge John C. Ninfo, II ● 256 In re MR. TOW, INC., UCC § 1-201(37) - financing statement, true lease - summary judgment - motion to dismiss (02-20956) (12/11/02) ● 228 In re MUNDRICK, Retaining Lien - Determination of Rights in Cash in Possession of Law Firm from Matrimonial (01-20111) (8/23/01) ● 44 In re MURPHY, Bankruptcy Rule 1005, Bankruptcy Rule 2002(n), Bankruptcy Rule 3002(c) Caption of Petition; Caption of Notice; Time of Filing Proof of Claim - Chapter 13 (92-20898) (6/23/93) ● 261 In re NEPHEW, §523 (a)(3); Rule 1019(5); §348(d) - "Tucker" - Debtor's reckless failure to schedule post-petition pre-conversion debts found to be nondischargeable (98-24923) (3/6/03); 290 B.R. 202 (Bankr. W.D.N.Y. 2003) ● 265 In re NEPHEW, FRBP 9023; 523(a)(3)(A) - Debtors' motion to reconsider a nondischargeable debt arising out of Debtors' failure to schedule creditor denied. (98-24923) [5/13/03] ● 115 In re NEVERLA, §1322(B)(2), §506(a) - Modification of Homestead Mortgages; Determination of Secured Status (95-22789) (4/10/96); 194 B.R. 547 (Bankr. W.D.N.Y. 1996) REVERSED by In re POND, 252 F.3d 122 (2nd. Cir. 2001) [PDF - Circuit Decision] ● 26 In re NEW YORK BAKING CO., §365(d) Assumption of Lease - Pro Rata Rent (92-21865) (9/9/92) ● 250 In re NINOS, §§ 1325, 1307 - Debtor's right to a dismissal when a case is converted from Chapter 7 to Chapter 13 (01-20600) (9/12/02) ● 8 In re NOBLE, §523(a)(6) Dischargeability - Willful & Malicious Injury; Res Judicata\ Collateral Estoppel (91-23479/AP 92-2007) (4/22/92) ● 243 In re NUNN, (HOEPA) 15 U.S.C. §§1602(aa)(1)(B)(i), 1639, Rescission - Indirect broker's fees are not included in the eight percent points and fees trigger (01-21920/AP 01-2104) (5/9/02) AFFIRMED. 30-CV-6008L (W.D.N.Y April 20, 2004) Larimer, J. [PDF-USDC Decision] ● 246 In re NUNN, Motion to Reconsider indirect broker's fees denied (01- 21920/AP 01-2104) (7/11/02) AFFIRMED. 30-CV-6008L (W.D.N.Y April 20, 2004) Larimer, J. [PDF-USDC Decision] ● 204 In re NYE, §522(m); Rule 1009 - Joint debtors can split their exemptions, but only to the extent of the debtor's interest in the property. Rebuttable presumption that ownership in joint asset is 50/50 (99-23398) (6/27/00); 250 B.R. 46 (Bankr. W.D.N.Y. 2000) ● 292 In re O'BRIEN §707(a), A bad faith filing is cause to dismiss under ? 707(a) and the Court will apply a totality of circumstances test. A debtor?s ability to pay may be considered as one factor, but not the sole factor in the Court?s analysis. (05-21316) (8/15/05).APPEAL DISMISSED 05-CV6476L (W.D.N.Y. Nov. 4, 2005) Larimer, J [PDF Decision] attached: ● 224 In re PACELLI, §521(3) &(4), Trustees may give written notice to debtors of deadline to purchase estate's interest in non-exempt assets or turnover of non-exempt assets or their value to the trustee. (00-20281) (4/13/01) ● 20 In re PARLATO, §1325(a)(3) Confirmation of Chp. 13 Plan - Good Faith - Serial Filings (91-20179) (8/4/92) ● 269 In re PECORA, Section 524(a)(1)&(2); Equitable Lien Creditor did not violate the discharge injunction by recording its mortgage 2 years after Debtors' received their discharge. Creditor retained an equitable lien on Debtors' real property that passed through bankruptcy unaffected. (99- 23153) [7/21/03] ● 191 In re PENN YAN MOTORS, §506(b) Secured Creditor's request for attorney fees, the secured creditor must focus on what is necessary and justified request based upon the economics of the case (94-21774/AP 96- 2052) (10/28/99) ● 177 In re PERK DEVELOPMENT CORP. and In Re BRAMBURY http://www.nywb.uscourts.gov/decisions/jcn.php (14 of 21)10/10/2006 2:59:22 PM
U.S. Bankruptcy Court, Western District of New York - Published and Unpublished Decisions by Chief Judge John C. Ninfo, II ● ● ASSOCIATES, §503(b)(3)(F) - Expenses of Creditors Committee Members incurred in performance of Committee duties. Must be an actual Committee Member's expenses or justification as to why someone other than the Committee Member incurred the expenses (98-21910/98-21909) (1/5/99) 199 In re PERK DEVELOPMENT CORP. and In Re BRAMBURY ASSOCIATES, §507(a)(4) - Workers' compensation insurance is not entitled to priority as a contribution to an employee benefit plan (98-21910/98- 21909) (4/3/00); 246 B.R. 753 (2000) 30 In re PHILLIPS, §506, §349, §348 Chp. 13 Allowance of Claim (bifurcation) - Cost of Sale; Effect of Dismissal; Effect of Conversion (92- 21849) (10/23/92) ● 164 In re PIERRI, §727(a)(4)(A) - Denial of Discharge (97-20461) (4/21/98) ● 106 In re PIERRI'S MOTEL ASSOCIATES, Bankruptcy Rule 3001(f) - Burden of Proof - Claims (94-21347) (8/28/95) ● ● ● ● 108 In re PITTSFORD POLO CLUB, INC., §362(d), NYS Real Property Actions and Proceedings Law §1371 - Relief from Stay; Deficiency Judgments; Foreclosure - Multiple Properties; (93-21185) (11/9/95); 188 B. R. 339 (Bankr. W.D.N.Y. 1995) 99 In re PLANO, §522(f)(1) - Avoidance of Judicial Liens - Statutory Liens; State Tax Liens (94-21948) (5/30/95) 285 In re POWERS, §362(h), NYS Lien Law §184, Debtors' contempt motion denied. The Debtors? vehicle was lawfully repossessed prior to their chapter 13 bankruptcy filing. In order to obtain the release of the vehicle, the debtors must pay or otherwise provide for the payment of reasonable repossession fees and storage charges on terms acceptable to the secured creditor or repossessing agent and demonstrate to the secured creditor, repossessing agent and Chapter 13 Trustee that the Chapter 13 filing was in good faith. (05-21090) (5/12/05). 260 In re PTASINSKI, 727(a)(2)(B) and (4)(A) Debtors' discharge denied based on knowingly and fraudulently made false oaths or accounts. ● 290 In re PULVER, §523(a)(2)(A), Rule 7056, Rule 7015, Fed. R. Civ. P. 56, Fed. R. Civ. P. 15(a), 15(c)(2). Summary Judgment granted in part where state court judgment of divorce and findings of facts were given collateral estoppel effect in 523(a)(2)(A) cause of action. Motion to Amend Complaint granted where additional causes of action relate back to original complaint. (03-22084/ AP 04-2165) (7/25/05). ● ● ● 226 In re QUAKER MAID/BLOCH INDUSTRIES, INC., AMERICAN FREEDOM SECURITIES, INC., BLOCH INDUSTRIES, INC., FIRST AMERICAN RELIANCE, INC., MONEY MANAGERS, INC., THE SCHOOLHOUSE GROUP OF COMPANIES, INC., UNIFIED COMMERCIAL CAPITAL, INC., WEALTH & SECURITY PLANNING, INC., §330, §327, Attorney for Trustee and Special Counsel awarded reasonable attorneys fees based upon lodestar approach. No fee enhancement or common fund analysis was appropriate (98-23909, 98- 24376, 98-23906, 98-23907, 98-2400, 98-24377, 98-23908, 98-24100) (5/31/01) 238 In re PRATIVADI & SESHADRI, 26 U.S.C. §1398, §507(a)(8)(A)(iii), Individual Chapter 7 & Chapter 11 cases and §1398 election (00-23357) (2/11/02) 71 In re RAMA ORIENTAL CARPETS, §363, 28 U.S.C. §144, 28 U.S.C. §455 Sale - Ordinary course of business - Prohibit going-out-of-business sale, recusal (94-20569) (4/14/94) ● 141 In re RASMUSSEN, §§101(31), 547 - Insider Preferences, Fraudulent Transfers (as among Members of the Mennonite Church); Bankruptcy Rule 7056 - Motion for Summary Judgment (95-22275/AP 96-2072) (12/20/96) ● 147 In re RED BIRD DEVELOPMENT, INC., §502(b)(6), §502(b)(6)(A) - http://www.nywb.uscourts.gov/decisions/jcn.php (15 of 21)10/10/2006 2:59:22 PM
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