DECISION AND ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT PAUL R. WARREN, Bankruptcy Judge. Canandaigua Land Development, LLC ("Canandaigua") commenced this adversary proceeding seeking to set aside the transfer of a sizeable parcel of undeveloped real property to the County of Ontario ("County"). Title to the parcel was transferred to the County as a result of an in rem tax foreclosure following Canandaigua's failure to...
OPINION AND ORDER MICHAEL J. KAPLAN , Bankruptcy Judge . Before the Court is an objection to a Motion, under 11 U.S.C. 522(f), seeking to set aside a judgment lien on the Debtor's undivided entireties interest in his marital home. I write on it only to express my agreement with, and to further support, my colleague's analysis in the case of In re Bradigan, 501 B.R. 151 (Bankr.W.D.N.Y.2013) (Bucki, C.J.). In Bradigan, a Chapter 7 trustee argued that the federal homestead exemption (...
DECISION AND ORDER GRANTING IN LIMITED PART AND DENYING IN ALL OTHER RESPECTS CREDITORS' JOINT MOTION TO RECONSIDER AND VACATE THE FINAL DECREE PAUL R. WARREN, Bankruptcy Judge. OVERVIEW Before the Court in this dismissed Chapter 11 case is the Joint Motion to Reconsider and Vacate the Final Decree of Dismissal ("Joint Motion"), filed by Arent Fox LLP, as attorneys for the Official Committee of Unsecured Creditors, and Harris Beach PLLC, as both attorneys for the Court-appointed Patient...
