Legal Opinion

Arnold v. Bank of New York Trust Co. (In Re Badagliacca)

United States Bankruptcy Court, W.D. New York

Decided February 23, 2009No. 1-19-10139PublishedCited by 4 opinions

1Opinion of the Court

DECISION & ORDER

JOHN C. NINFO, II, Bankruptcy Judge.

BACKGROUND

On November 2, 2006, the Debtors, Carmen V. Badagliacca and Dawn M. Badagli-acca (collectively the “Debtors”)filed a petition initiating a Chapter 13 case, and George M. Reiber, Esq. was appointed as their Chapter 13 Trustee (the “Chapter 13 Trustee”).

In the Schedules and Statements required to be filed by Section 521 and Rule 1007, the Debtors indicated that: (1) they owned a residence at 281 Holmes Road, Rochester, New York (the “Holmes Road Property”); (2) The Holmes Road Property was encumbered by a second mortgage (the “HSBC…

2Cases cited3 opinions

  1. Mosello v. Ali, Inc. (In Re Mosello)United States Bankruptcy Court, S.D. New York · 1995
  2. Taxel v. Chase Manhattan Bank, USA, N.A. (In Re Deuel)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
  3. Coco v. RanallettaAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by4 opinions

  1. Cerrato v. BAC Home Loans Servicing (In re Cerrato)United States Bankruptcy Court, E.D. New York · 2014
  2. Mulkanoor v. Am. Home Mortg. Corp (In re Mulkanoor)United States Bankruptcy Court, N.D. Illinois · 2018
  3. Standard Bank, PaSB v. O'Connor (In Re O'Connor)United States Bankruptcy Court, W.D. Pennsylvania · 2010
  4. Twentieth Century Land Corp. v. Landmark North Freeway, Ltd. (In Re Bill Heard Enterprises, Inc.)United States Bankruptcy Court, N.D. Alabama · 2009

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