IN RE SERES

Bankruptcy No. 08-12185 B. Adversary No. 09-01289 B.

437 B.R. 775 (2010)

In re Walter M. SERES, Debtor. Ford Credit Titling Trust, Plaintiff v. Walter M. SERES, Mark S. Wallach, as chapter 7 trustee for the Estate of Walter M. Seres, Defendants.

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

October 1, 2010.


Attorney(s) appearing for the Case

Penney, Maier & Wallach, Mark S. Wallach, Esq., of counsel, Buffalo, NY, for the Trustee.

Phillips, Lytle LLP, Angela Z. Miller, Esq., of counsel, Buffalo, NY, for Ford Credit Titling Trust.

Edward J. Dinki, Esq., Akron, NY, for the Debtor, Walter M. Seres.


Carl L. Bucki, Chief Judge.

In this Chapter 7 case, we consider the reasonableness of a personal injury settlement and the consequences of the debtor's failure to disclose the existence of the underlying cause of action.

In 2003, Walter Seres commenced a state court action against Kevin Scarsella, Joanne Scarsella and Ford Credit Titling Trust to recover damages for personal injuries arising from an automobile accident. When the debtor filed a petition for...

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