IN RE KORNICZKY

Bankruptcy No. 01-11645B. Adversary No. 01-1349B.

308 B.R. 153 (2004)

In re Joseph Z. KORNICZKY, Lari L. Korniczky, Debtors. Mark S. Wallach, Trustee, Plaintiff, v. Paul J. Korniczky, Defendant.

United States District Court, W.D. New York.

April 20, 2004.


Attorney(s) appearing for the Case

Penney, Maier & Wallach, Mark S. Wallach, of Counsel, Buffalo, NY, for Trustee.

Peter D. Grubea, Buffalo, NY, for Defendant.


CARL L. BUCKI, Bankruptcy Judge.

The chapter 7 trustee commenced this action to recover an allegedly preferential payment of proceeds from the sale of property that the debtor owned in common with his brothers and sister. This dispute presents several interesting issues of law, including the determination of the time of transfer for preference purposes and the rights of a joint tenant to recover the cost of property maintenance.

On June 7, 1996, Joseph Z....

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