Legal Opinion

In re Carella

United States Bankruptcy Court, W.D. New York

Decided April 14, 2006No. 05-10525 BPublishedCited by 2 opinions

1Opinion of the Court

CARL L. BUCKI, Bankruptcy Judge.

In this chapter 7 proceeding, the case trustee seeks a turnover of one-half of the funds that were on deposit in a joint bank account under the names of the debtor and his father. In response, the father con*711tends that he established the account in joint name for purposes of convenience only, and that he should be deemed to hold exclusive ownership of the funds on deposit.

Thomas A. Carella filed a petition for relief under chapter 7 of the Bankruptcy Code on January 25, 2005. On that date, HSBC Bank USA held the sum of $16,540.94 on deposit in a joint bank…

2Cases cited7 opinions

  1. Viggiano v. ViggianoAppellate Division of the Supreme Court of the State of New York · 1988
  2. Wacikowski v. WacikowskiAppellate Division of the Supreme Court of the State of New York · 1983
  3. Brezinski v. BrezinskiAppellate Division of the Supreme Court of the State of New York · 1983
  4. In re the Estate of CoddingtonAppellate Division of the Supreme Court of the State of New York · 1977
  5. Phelps v. KramerAppellate Division of the Supreme Court of the State of New York · 1984

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Allan B. Mendelsohn as Trustee of the Estate of Le v. Roslyn, LLCUnited States Bankruptcy Court, E.D. New York · 2021
  2. DeFlora Lake Development Associates, Inc. v. Hyde Park, a Wisconsin Limited PartnershipUnited States Bankruptcy Court, S.D. New York · 2021

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API