Legal Opinion
In Re Ellerstein
United States Bankruptcy Court, W.D. New York
Decided October 6, 1989No. 1-17-12126PublishedCited by 5 opinions
1Opinion of the Court
BERYL E. McGUIRE, Chief Judge.
On January 25, 1988, Ronald and Elizabeth Ellerstein (debtors) filed a voluntary petition under the provisions of Chapter 7, Title 11 U.S.C.
Scheduled as a part of their assets was a 150 plus acre farm on White Road in Ca-naseraga, New York, where the debtors resided. As to that property, the debtors claimed the $20,000 homestead exemption provided by N.Y.Civ.Prac.Law (CPLR) § 5206 (McKinney 1978 & Supp.1989).
John H. Heyer, Esq., was appointed trustee and continues to serve in that capacity. He filed no objection to the aforementioned claim of exemption by the…
2Cases cited5 opinions
- Wyoming County Bank & Trust Co. v. KileyAppellate Division of the Supreme Court of the State of New York · 1980
- In Re WanderlichUnited States Bankruptcy Court, W.D. New York · 1984
- First Federal Savings & Loan Ass'n v. BrownAppellate Division of the Supreme Court of the State of New York · 1980
- Citibank v. CambelAppellate Division of the Supreme Court of the State of New York · 1986
- First National Bank of Glens Falls v. G. F. Clear, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
3Cited by5 opinions
- Degiacomo v. TraverseCourt of Appeals for the First Circuit · 2014
- In Re OnyanUnited States Bankruptcy Court, N.D. New York · 1993
- In Re GiarrizzoUnited States Bankruptcy Court, D. Massachusetts · 1991
- In re ApergisUnited States Bankruptcy Court, E.D. New York · 2015
- In Re LibermanDistrict Court, E.D. New York · 2000