Legal Opinion

In Re Minor

United States Bankruptcy Court, W.D. New York

Decided February 24, 2011No. 1-19-10024PublishedCited by 7 opinions

1Opinion of the Court

REVISED DECISION & ORDER

CARL L. BUCKI, Chief Judge.

The Chapter 7 trustee seeks authorization to settle claims to the proceeds of personal injury litigation. In particular, he proposes to pay sums purportedly due under a pre-settlement finance agreement and to surcharge the debtor’s exemption for a portion of that payment. The instant motion presents issues regarding the enforceability of the finance agreement, both under state law and in the context of these bankruptcy proceedings.

Ciara Minor suffered injuries as a result of an automobile accident that occurred on September 29, 2006.…

2Cases cited15 opinions

  1. Thompson v. FairbanksSupreme Court of the United States · 1905
  2. Williams v. . IngersollNew York Court of Appeals · 1882
  3. Orvis v. . CurtissNew York Court of Appeals · 1899
  4. Zartman v. First National BankNew York Court of Appeals · 1907
  5. Rochester Distilling Co. v. RaseyNew York Court of Appeals · 1894

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3Cited by7 opinions

  1. Official Committee of Unsecured Creditors v. UMB Bank, N.A. (In re Residential Capital, LLC)United States Bankruptcy Court, S.D. New York · 2013
  2. Pu v. GrubinDistrict Court, S.D. New York · 2012
  3. Bulan v. Pre-Settlement Finance, LLC (In re Minor)United States Bankruptcy Court, W.D. New York · 2012
  4. Case Cash Funding, LLC v. GilbergAppellate Terms of the Supreme Court of New York · 2017
  5. FelixDistrict Court, N.D. Ohio · 2020

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