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Balash v. U.S. Bank Trust National Association — Chapter 13 Motion to Amend Denied, Motions to Dismiss Granted

Anna Theresa Balash, a pro se Chapter 13 debtor, filed an adversary proceeding against six mortgage-related defendants asserting violations of the Foreign Agents Registration Act, the Fair Debt Collection Practices Act, and seeking to quiet title to property at 615 State Street, Hudson, NY. The Bankruptcy Court for the Northern District of New York denied the debtor's Motion to Amend Complaint (filed February 5, 2026) on futility grounds, finding the proposed amendments would not withstand a Rule 12(b)(6) motion to dismiss. The Court simultaneously granted U.S. Bank's and Selene's joint Motion to Dismiss (Docket No. 6), dismissing the adversary proceeding as to those defendants.

In re Timothy T. Trainor - Motion to Dismiss Denied

The US Bankruptcy Court for the Northern District of New York denied a motion to dismiss filed by creditors Jean and Kim Ndjango against Chapter 7 debtor Timothy T. Trainor (Case No. 25-11154). The Ndjangos argued the bankruptcy petition was filed in bad faith solely to frustrate their collections efforts arising from a third-party claim related to a personal injury lawsuit. Applying the Lombardo factors for bad faith analysis under 11 U.S.C. § 707(a), the court found the motion lacked sufficient grounds for dismissal.

In re Michael E. Hindes: IRS Levy Annulled, Automatic Stay Motion Denied

The United States Bankruptcy Court for the Northern District of New York granted the IRS's Motion to Annul the automatic stay to ratify an IRS levy on $5,250 in undistributed Chapter 13 Plan payments held by the Chapter 13 Trustee at the time of conversion to Chapter 7. The court simultaneously denied Debtor Michael E. Hindes's Motion for Sanctions for Violation of the Automatic Stay. The IRS had faxed a Notice of Levy to the Trustee's office on August 8, 2025, prior to the August 11, 2025 order converting the case to Chapter 7. The court found that retroactive relief from the automatic stay was warranted because the federal tax lien encumbered the undistributed funds before their transmission to the Trustee.