United States Second Circuit

In a bankruptcy action, district court's denial of plaintiffs' motion to reclassify a claim of defendant from secured to unsecured is affirmed where: 1) a Chapter 13 trustee has standing to object to a motion to reclassify a claim; and 2) plaintiffs' motion to reclassify defendant's secured claim was properly denied as defendant had perfected a purchase money security interest in the secured claim pursuant to the terms of New York's UCC.

Appellate Information

• Decided 03/11/2009
• Published 03/11/2009

Judges

• PER CURIAM:, Before CABRANES and WESLEY, Circuit Judges, and KORMAN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Richard Croak, Albany, NY, for Plaintiffs-Appellants Douglas J. Overbaugh and Danielle Badamo-Overbaugh., Bonnie Baker (Diane Davis, on the brief), Albany, NY, for Andrea E. Celli, Chapter 13 Standing Trustee.


• For Appellees:
  
• Jeffrey Johnstone, Harris, Chesworth, O'Brien, Johnstone, Welch & Leone, LLP, Rochester, NY, for Defendant-Appellee Household Bank N.A.