Margaret Cangilos-Ruiz

How Judge Cangilos-Ruiz rules, drawn from 15 signed orders. Every observation links to the order it came from.

Judge Cangilos-Ruiz no longer hears cases. This profile is preserved as a historical record of how they ruled.

Court
U.S. Bankruptcy Court for the Northern District of New York
Position
bankruptcy
Status
No longer serving
Commissioned
2007-02-16
Education
Cornell University, A.B., 1974; Albany Law School of Union University, J.D., 1979
Signed orders read
15

How Judge Cangilos-Ruiz decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

A family farmer could address liens against estate property through a Chapter 12 plan even without personal liability on the underlying notes.

“This court aligns itself with the predominant view that the Supreme Court’s Johnson decision permits a debtor’s plan to include a claim even in the absence of personal liability to the creditor.”

Certified tax assessments carried a presumption of correctness that required contrary evidence rather than a bare denial.

“Certificates of Assessments and Payments are presumptive proof that a valid tax assessment has been made.”

Procedural preferences

A summary-judgment opponent had to identify record evidence creating a genuine factual dispute.

“There is not a scintilla of evidence that Ms. Redhead or any Empower employee ever (i) made any representations to Plaintiff concerning the wired funds, (ii) communicated with Beaudry as to the source of the wired funds, or (iii) was informed by Debtor or anyone else as to the source of the wired funds.”

Projected disposable income could not be reduced by payments on collateral the debtor intended to surrender.

“On the agreed facts presented in this case, the court holds that payments on debt secured by collateral which will be (or already has been) surrendered pursuant to a chapter 13 plan cannot be included on Form 22C as a deduction from a debtor’s income.”

Cautions

A foreclosure completed before filing left no property interest protected by the automatic stay.

“Since the Debtors had no interest in the property at the time of filing, it never became property of the estate under Code § 541, and, therefore, the property was not under the protection of the automatic stay, nor is there any stay to enforce with regard thereto.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

In re Meyhoefer
· 2011-06-27
Objection to plan confirmation (American Tax Funding, LLC) Granted

“Creditor’s objection to confirmation is sustained”

In re Pagan
· 2010-09-24
Objection to plan confirmation (Chapter 13 Trustee) Granted

“Accordingly, the Trustee’s objection is sustained”

In re Cady
· 2010-11-22
Motion for relief from automatic stay (CVM Partners 1) Denied

“CVM’s motion for relief from the automatic stay is presently denied”

Martyak v. Tioga County
· 2010-02-05

After a two-day trial, the debtor did not establish grounds to reverse the completed tax foreclosure or recover stay-violation relief.

In re Albert Lindley Lee Memorial Hospital
09-30845-5-mcr · 2010-05-07
Objection to claim priority (Albert Lindley Lee Memorial Hospital) Denied

“the Debtor's Objection to Claim No. 179 is overruled and the Claim is allowed as a priority claim”

In re Koch
· 2008-07-25
Objection to plan confirmation (Chapter 13 Trustee) Granted

“insofar as Trustee’s objection is related to Debtor’s completion of Form 22C, the objection is sustained”

In re Ford
· 2009-04-20
Objection to homestead exemption (Chapter 7 Trustee) Denied

“the portions of Trustee’s and Bank’s motions objecting to Debtor’s claim of homestead exemption as to two separately-deeded parcels are denied”

Objection to homestead exemption (Community Bank, N.A.) Denied
Motion to avoid judicial lien (Cleon L. Ford) Granted

“Bank’s lien is hereby avoided in its entirety as to the Main Parcel and the Road Frontage Parcel”

AmeriCU Credit Union v. Calogero
· 2015-02-23

After trial, the creditor did not prove that the debtor intended to deceive it on the automobile-loan application.

Redfield v. Waite
· 2014-08-22

After trial, omissions and asset concealment supported denial of discharge, making alternative dismissal relief unnecessary.

In re Cook
· 2012-10-05
Motion to enforce stay or avoid transfer (Jeffrey A. and Sherrie A. Cook) Denied

“this court denies the relief sought by the Debtors as unwarranted under existing law”

Fangio v. Russell
· 2014-03-26

After trial, false disclosures and unexplained transfers supported denial of discharge and a turnover judgment.

Henri v. Wheeler
· 2014-06-09
Objection to plan confirmation (Christine Joan Henri, Stephanie L. Wheeler, and Nicholas C. Wheeler) Granted

“Accordingly, confirmation is denied under §§ 1325(a)(3) and (7)”

Motion for rule 9011 sanctions (Christine Joan Henri, Stephanie L. Wheeler, and Nicholas C. Wheeler) Granted

“the court grants Plaintiffs’ motion under Rule 9011”

Motion to dismiss bankruptcy case (Christine Joan Henri, Stephanie L. Wheeler, and Nicholas C. Wheeler) Granted

“this case shall be dismissed with prejudice”

Caseload & timing

From public federal docket records for this judge.

All five sampled matters were terminated and every entry stream was empty.

A historical record

Judge Cangilos-Ruiz no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.