Legal Opinion

In Re Wasson

United States Bankruptcy Court, W.D. New York

Decided February 24, 2009No. 1-19-10373Published

1Opinion of the Court

DECISION & ORDER

BUCKI, Chief Judge.

In these Chapter 13 cases, the debtors have objected to proofs of claim that seek to recover legal fees and expenses incurred in connection with the foreclosure of first mortgages on their respective homesteads. The objections require that we consider the consequences that follow from the application of rules regarding burden of proof.

Yvonne M. Wasson and Mariam Rodriguez each own a homestead in the City of Jamestown, New York. To preclude a foreclosure of their respective properties, Was-son and Rodriguez have filed separate petitions for relief under…

2Cases cited8 opinions

  1. Hooper Associates Ltd. v. AGS Computers, Inc.New York Court of Appeals · 1989
  2. Raleigh v. Illinois Department of RevenueSupreme Court of the United States · 2000
  3. City of Buffalo v. J. W. Clement Co.New York Court of Appeals · 1971
  4. SO/Bluestar, LLC v. Canarsie Hotel Corp.Appellate Division of the Supreme Court of the State of New York · 2006
  5. Levine v. Infidelity, Inc.Appellate Division of the Supreme Court of the State of New York · 2003

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