GENERAL INFORMATION

Motions for Relief from Stay
If you are seeking attorney fees for a motion to lift the stay, you should include an equity analysis in your supporting papers.  See 11 U.S.C. Section 506(b).  Although Judge Gerling has not specifically ruled on this issue, his practice is to only award attorney fees to oversecured creditors, and we believe he considers the payoff balance to be the appropriate balance to use in making the calculations.

Filing Proofs of Claim
The Chapter 13 Trustee does not pay claims unless a Proof of Claim is filed.  Due to the Bankruptcy Court changing case numbers for cases being transferred to the Syracuse Division, Proofs of Claim are being filed in closed cases.  CM/ECF does not notify you that you have filed a claim in a closed case, so please check to make sure your Proof of Claim has been filed in the proper case.  Lists of cases being transferred are available on the Bankruptcy Court's web site: http://www.nynb.uscourts.gov/.

See the Bankruptcy Court's Administrative Order (.pdf) regarding disbursement of adequate protection under BAPCPA.