DECISION AND ORDER DENYING MOTION OF UNITED STATES TRUSTE FOR EXTENSION OF TIME UNDER 11 U.S.C. 707(b) and 727(a) PAUL R. WARREN , Bankruptcy Judge . The United States Trustee timely moved for a 60-day extension of time to both file a motion to dismiss under 707(b) and to object to the Debtor's discharge under 727(a) of the Code. (ECF No. 15). In response and in opposition to the motion, the Debtor both asserts that the UST has failed to demonstrate cause to support the requested...
DECISION AND ORDER AVOIDING TRANSFER OF REAL PROPERTY UNDER 11 U.S.C. 522(h) AND 548(a)(1)(B), RESTORING TO DEBTORS TITLE TO REAL PROPERTY UNDER 11 U.S.C. 550(a) AND OVERRULING OBJECTION TO HOMESTEAD EXEMPTION PAUL R. WARREN , Bankruptcy Judge . Joseph Hampton and Brenda Hampton filed a Chapter 13 petition on May 2, 2017. A few days later, the Hamptons commenced this adversary proceeding, under 11 U.S.C. 522(h) and 548(a)(1)(B), seeking to avoid the involuntary transfer of title...
DECISION AND ORDER AVOIDING TRANSFER OF REAL PROPERTY UNDER 11 U.S.C. 522(h) AND 548(a)(1)(B), RESTORING TO DEBTORS TITLE TO REAL PROPERTY UNDER 11 U.S.C. 550(a) AND OVERRULING OBJECTION TO HOMESTEAD EXEMPTION PAUL R. WARREN , U.S.B.J. Gliee Gunsalus and Brian Gunsalus filed a Chapter 13 petition on April 28, 2017. A few days later, the Gunsaluses commenced this adversary proceeding, under 11 U.S.C. 522(h) and 548(a)(1)(B), seeking to avoid the involuntary transfer of title to...
DECISION & ORDER Bucki , Chief U.S.B.J. In this action to avoid allegedly fraudulent conveyances, the trustee seeks to recover numerous transfers to the debtor's principal owner and three of his relatives. The case's many complex issues include the choice of law regarding the applicable "look back" period, and whether the debtor's financial statements provide adequate proof of insolvency. Since June of 2004, Joseph T. Ring has served as president and chief executive officer of National...
DECISION AND ORDER GRANTING EMERGENCY MOTION AND BARRING DEBTOR FROM FILING A BANKRUPTCY PETITION FOR ONE YEAR PAUL R. WARREN , Bankruptcy Judge . Access Point Financial, LLC filed an emergency motion requesting that the Court temporarily reopen this case for the purpose of extending further the 180-day filing injunction that was previously issued in this case. That injunction expired on November 17, 2019. The Court issued an Order temporarily re-opening this case, under 350(b) of the...
DECISION AND ORDER DENYING MOTION TO CONVERT CASE TO CHAPTER 11 AND GRANTING CROSS-MOTION TO CONVERT CASE TO CHAPTER 7 PAUL R. WARREN , Bankruptcy Judge . The Debtor has moved to convert this Chapter 13 case to a proceeding under Chapter 11. A secured creditor, Canandaigua National Bank, has cross-moved to dismiss the case or convert it to a Chapter 7 proceeding. This case has languished for over a half-year. The Debtor has demonstrated an inability to honor his commitments under both the...
