David Blansky – LaMonica Herbst & Maniscalco

Agard v. Select Portfolio Servicing, Inc.

Memorandum & Order

On March 28, 2012, U.S. District Court Judge Joanna Seybert vacated part of the decision made by Bankruptcy Court Judge Robert E. Grossman in In re Ferrel L. Agard, 444 B.R. 231 (Bankr.E.D.N.Y. 2011), wherein he concluded that…more
| Bankruptcy
Picard v. Katz, et al

Opinion and Order Partially Granting and Denying a Motion to Dismiss

On the Defendants' motion to dismiss under Fed.R.Civ.P. 12(b)(6), the District Court dismissed all of claims for relief on which the Trustee sought recovery for constructive fraud and preferences and the corresponding…more
| Bankruptcy, Securities Law

Federal Reserve Board of Governors Report to the Congress on College Credit Card Agreements

When the Credit Card Accountability and Responsibility and Disclosure Act -- better known as the CARD Act -- went into effect in February, it required credit card companies to disclose how much they pay colleges for the right to…more
| Consumer Protection
In re Nikalous G. Gebhart

Decision on Construction of Homestead Exemption Post-Petition

The Ninth Circuit Court of Appeals has concluded that the Debtors' homes may be sold by trustee even thought the property had no equity when the case was filed but had increased in value during the pendancy of the case…more
| Bankruptcy
Baker v. Simpson

Decision Determining that a Malpractice Claim by a Debtor against His Bankruptcy Counsel "Arises In" a Bankruptcy Case

A Chapter 7 debtor who had his case converted to a case under Chapter 11 brought a malpractice claim against his bankruptcy counsel in state court. His bankruptcy counsel moved to remove the state court action to the Bankruptcy…more
| Bankruptcy
Kramer v. Sooklall

Decision Granting Judgment to Chapter 7 Trustee in Fraudulent Conveyance Action

Upon motion for summary judgment by a Chapter 7 Trustee and following an evidentiary hearing, the Chapter 7 Trustee was awarded judgment in a fraudulent conveyance action in which pre-filing the Debtor had sold certain real…more
| Bankruptcy
Hamilton, as Chapt. 13 Trustee v. Lanning

Opinion on Definition of Projected Disposable Income in a Chapter 13 Case

In an 8-1 opinion in Hamilton v. Lanning, the Supreme Court had a second opportunity to construe the meaning of the 2005 BAPCPA amendments. At issue in Hamilton was the definition of “projected disposable income,” a key term in…more
| Bankruptcy

USGOA Report: Debt Settlement: Fraudulent, Abusive, and Deceptive Practices Pose Risk to Consumers

GAO's investigation found that some debt settlement companies engage in fraudulent, deceptive, and abusive practices that pose a risk to consumers. Seventeen of the 20 companies GAO called while posing as fictitious consumers…more
| Consumer Protection
In re Endeavor Highrise LP

Memorandum Opinion Striking Defendant Counterclaimant's Jury Demand

In a case of apparent first impression, the court concluded that the filing a counterclaim against the bankruptcy trustee as part of a defendant's answer to the trustee's adversary complaint was the equivalent of filing a proof…more
| Bankruptcy

NY State Assembly Considers Increases to Exemptions for Real and Personal Property

The New York State Assembly has approved legislation (S7034) which increases the amounts of certain real and personal property that are exempt from money judgments and bankruptcy; provides a choice between claiming the state or…more
| Bankruptcy

Avoiding Home Improvement Headaches

By following the tips in this legal guide, you can avoid most of the common pitfalls experienced by home owners in hiring contractors to do work in their home…more
| Construction Law, Consumer Protection
Milavetz, Gallop & Milavetz, P.A., et al v. United States

Slip Opinion on Constitutionality of Provisions of BAPCPA.

Supreme Court ruled in Milavetz, Gallop & Milavetz, P.A., et al v. United States that attorneys are “debt relief agencies” who are limited in their ability to provide pre-bankruptcy planning advice to consumers and obligating…more
| Bankruptcy, Constitutional Law
Koehler v. Bank of Bermuda Ltd.

Landmark Opinion from New York Court of Appeals concerning Judgment Enforcement

A bank in New York can be ordered to bring into New York property held by the bank for another outside New York in order to satisfy a judgment against that person, under a recent decision of New York's highest court. This…more
| Civil Procedure, Civil Remedies
United States of America for the use of Miller Proctor Nickolas, Inc.

Memorandum and Order Granting Summary Judgment to Defendant in Miller Act Case

On dueling motions for summary judgment in connection with a $48,500.00 Miller Act claim, the defendant surety was granted summary judgment on the grounds that the plaintiff subcontractor had not timely commenced the action as a…more
| Bankruptcy, Construction Law

Filing a Mechanic's Lien for a Private Improvement in New York State

This guide provides an introduction to the filing of Mechanic's Liens for private home improvements in New York, with citation to the New York State Lien Law…more
| Construction Law, Real Estate
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Areas of Practice
  • Bankruptcy
  • Commercial Law & Contracts
  • Debtor/Creditor
  • Litigation
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