Legal Opinion

1256 Hertel Avenue Associates, LLC v. Calloway

District Court, W.D. New York

Decided March 16, 2012No. 10-CV-250SPublishedCited by 1 opinion

1Opinion of the Court

DECISION AND ORDER

WILLIAM M. SKRETNY, Chief Judge.

I. INTRODUCTION

Appellant, 1256 Hertel Avenue Associates, LLC (“1256 Hertel”), seeks to reverse the Order of the Honorable Carl L. Bucki, Chief Bankruptcy Judge of the Western District of New York, which granted Tanya Calloway’s motion to avoid a judgment hen against her homestead. Although Calloway has not submitted a brief, for the following reasons, Chief Judge Bucki’s Order is affirmed.

II. BACKGROUND

In July of 2003, Hertel secured a judgment lien against Calloway’s residential property, or “homestead,” located at 118 Homer Avenue in…

2Cases cited20 opinions

  1. Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
  2. United States v. Security Industrial BankSupreme Court of the United States · 1982
  3. Connolly v. Pension Benefit Guaranty CorporationSupreme Court of the United States · 1986
  4. Kelo v. City of New LondonSupreme Court of the United States · 2005
  5. In Re Erwin A. Porges, Also Known as E. Allen Porges, Debtor. Erwin A. Porges, Also Known as E. Allen Porges v. Gruntal & Company, IncorporatedCourt of Appeals for the Second Circuit · 1995

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3Cited by1 opinion

  1. 1256 Hertel Avenue Associates, LLC v. CallowayCourt of Appeals for the Second Circuit · 2014

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