DECISION AND ORDER DENYING MOTION TO EXTEND AUTOMATIC STAY TO A NON-DEBTOR GUARANTOR AND DENYING REQUEST FOR INJUNCTION UNDER 11 U.S.C. 105(a) PAUL R. WARREN , Bankruptcy Judge . When filed, this chapter 11 case appeared to be an effort to reorganize the business of a decades-old apple orchard. But, after the passage of three months since the petition was filed, this chapter 11 case is beginning to look as though it was really filed to obtain a litigation advantage in a two-party dispute...
DECISION AND ORDER GRANTING SUMMARY JUDGMENT TO THE DEBTOR MICHAEL J. KAPLAN , Bankruptcy Judge . The Court rules that the Perishable Agricultural Commodities Act of 1930, as amended (7 U.S.C. 499a-499s)(hereinafter "PACA") imposes liability on some individuals involved in farming corporations and partnerships but not on family members of a PACA dealer or merchant who is a sole proprietor with a d/b/a that sounds like something more sophisticated. Issue Is the Debtor here a PACA...
DECISION AND ORDER GRANTING MOTION FOR RELIEF FROM STAY PAUL R. WARREN , Bankruptcy Judge . I. OVERVIEW This chapter 13 case was filed to stop the public auction sale of real property in which Mr. Haynes resides. Steuben County holds title to the property, having been granted a default judgment and deed by a state court in a tax foreclosure action. The County has moved to lift the automatic stay, under 11 U.S.C. 362(d)(1), asserting that Mr. Haynes' interest in the property was...
NOT FOR PUBLICATION DECISION AND ORDER DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND RESTORING CASE TO CALENDAR MICHAEL J. KAPLAN , Bankruptcy Judge . On or about August 23, 2016, Debtors Michael and Amelia Santoro, owners and/or officers of ANA Construction Services, Inc. entered into a contract with Plaintiffs Matthew and Barbara Rounds for the renovation of a house owned by Plaintiffs on Wehrle Drive in the Town of Amherst, NY. Payments were made and some work was performed. At...
DECISION AND ORDER DENYING MOTION TO DISMISS COMPLAINT UNDER RULE 12(b)(6) FRCP AND RULE 7012(b) FRBP PAUL R. WARREN , Bankruptcy Judge . James Davis, a Chapter 7 debtor, filed an adversary proceeding seeking to discharge student loan debt that he owes to the United States Department of Education and Navient Corporation. (ECF AP No. 1). 1 Rather than filing an answer to the complaint, USDOE has moved to dismiss the complaint under Rule 12(b)(6) FRCP, made applicable to this proceeding...
DECISION AND ORDER GRANTING MOTION TO DISMISS FOR CAUSE AND BARRING DEBTOR FROM FILING A CHAPTER 11 CASE FOR 180 DAYS PAUL R. WARREN , Bankruptcy Judge . This Chapter 11 case was filed April 5, 2019. It is the third Chapter 11 case filed by F.M. Butt Hotels, Corp. since March 5, 2019, the previous two cases having been dismissed by the Court. ( See Case Nos. 19-20222-PRW & 19-20234-PRW). This case and its predecessors were filed solely to stop a mortgage foreclosure action brought by...
DECISION AND ORDER GRANTING MOTION TO DISMISS HON. PAUL R. WARREN , United States Bankruptcy Judge . I. OVERVIEW Businesses often use Chapter 11 of the Bankruptcy Code to attempt to reorganize. While under bankruptcy protection, a Chapter 11 debtor may retain control of its business and reorganize through such means as refinancing debt, selling assets, accepting or rejecting leases, and ultimately proposing a plan of reorganization—all in an effort to manage pre-bankruptcy debt burdens....
DECISION & ORDER Bucki , Chief U.S.B.J. , W.D.N.Y. On cross motions for summary judgment, the parties to this adversary proceeding contest the liability of an entity that acquired the assets of the debtor's former employer pursuant to a secured creditor's sale under Article 9 of the Uniform Commercial Code. The central issue is whether a purchaser of property under U.C.C. 9-610 can be held responsible for the unsecured debts of the prior owner. Kevin and Robert O'Leary were the owners...
