MEMORANDUM OF DECISION AND ORDER GRANTING TRUSTEE'S MOTION FOR STAND STILL ORDER REGARDING LXEng, LLC PENSION PLAN ASSETS RE: ECF Nos. 413, 415, 416 JAMES J. TANCREDI , Bankruptcy Judge . I. INTRODUCTION Before the Court is Ronald I. Chorches' (the "Trustee") Motion for Stand Still Order (the "Motion", ECF No. 413) and this Court's Order to Show Cause (ECF No. 416) and responsive pleadings thereto. The Debtor has claimed an exemption for the LXEng, LLC pension plan assets (the "Pension...
RULING AND MEMORANDUM OF DECISION ALLOWING REDUCED FEES AND ALLOWING REIMBURSEMENT OF EXPENSES TO BOARDWALK REALTY ASSOCIATES, LLC Ann M. Nevins , United States Bankruptcy Judge , District of Connecticut. Before the court is Boardwalk Realty Associates, LLC's ("Boardwalk") application pursuant to 11 U.S.C. 543 and 503(b)(3)(E) for allowance of receivership fees and reimbursement of expenses relating to Boardwalk's prepetition work as a state court-appointed receiver of rents for...
MEMORANDUM OF DECISION AND ORDER DENYING THE DEFENDANT'S MOTION TO DISMISS RE: ECF Nos. 5, 6. JAMES J. TANCREDI , Bankruptcy Judge . Before the court is the Defendant Board of Trustees of Connecticut State University's ("CCSU") Motion to Dismiss (ECF No. 5), and responsive pleadings thereto. This Adversary Proceeding was commenced by the Chapter 7 Trustee, Anthony S. Novak ("Trustee") on June 3, 2016 (ECF No. 1), and seeks to avoid tuition payments allegedly made to CCSU, a state entity,...
MEMORANDUM OF DECISION AND ORDER DENYING THE DEFENDANT'S MOTION TO DISMISS THE TRUSTEE'S SECOND CLAIM FOR RELIEF RE: ECF No. 8, 11. JAMES J. TANCREDI , Bankruptcy Judge . Before the court is the Defendant University of Connecticut's ("UConn") Motion to Dismiss the Complaint's Second Claim for Relief ("Motion to Dismiss", ECF No. 8) and responsive pleadings thereto. This Adversary Proceeding was commenced by the Chapter 7 Trustee, Anthony S. Novak ("Trustee") on April 26, 2016 (ECF No. 1),...
MEMORANDUM OF DECISION AND ORDER DENYING THE DEFENDANT'S MOTION TO DISMISS THE COMPLAINT'S SECOND CLAIM FOR RELIEF RE: ECF No. 8, 17, 18 JAMES J. TANCREDI , Bankruptcy Judge . Introduction Pending before the court is the Defendant Board of Trustees of Connecticut State University System's ("CCSU") Motion to Dismiss the Complaint's Second Claim for Relief ("Motion to Dismiss", ECF No. 8) and responsive pleadings thereto. This Adversary Proceeding was commenced by the Chapter 7 Trustee,...
MEMORANDUM OF DECISION ON COMPLAINT TO REVOKE DISCHARGE ECF Nos. 23, 53, 77. JULIE A. MANNING , Chief Bankruptcy Judge . I. INTRODUCTION Before the Court is the Second Amended Complaint (the "Complaint"), of the United States Trustee ("UST"), seeking: (1) a revocation of the discharge granted to Kermit D. Adams Sr. and Terry Lee Adams ("Mr. Adams" and "Mrs. Adams", collectively the "Debtors"); and (2) following revocation, a denial of the Debtors' discharge. Counts One through Four of...
DECISION AND ORDER ON MOTION TO DISMISS UNDER SECTION 707(b) Honorable Alan S. Trust , United States Bankruptcy Judge . This matter comes before the Court on the motion of William K. Harrington, the United States Trustee for Region 2 (the "UST"), seeking dismissal of this case pursuant to 11 U.S.C. 707(b)(1), (2), and (3) for abuse of the provisions of chapter 7 of the Bankruptcy Code. 1 Debtor argues that as a preliminary matter, the UST's statement pursuant to 704(b)(1) 2 (the "...
RE: ECF Nos. 18, 21, 38, 39, 41 MEMORANDUM AND ORDER ON MOTION TO DETERMINE SECURED STATUS OF CLAIM Julie A. Manning , Chief United States Bankruptcy Judge . I. INTRODUCTION In the case of Nobelman v. American Savings Bank, 508 U.S. 324 , 113 S.Ct. 2106, 124 L.Ed.2d 228 (1993), the United States Supreme Court held that Section 1322(b)(2) of the Bankruptcy Code 1 precludes a debtor from "bifurcating" an undersecured creditor's claim into a secured and unsecured claim under Section...
MEMORANDUM OF DECISION ON AMENDED MOTION TO DISMISS Julie A. Manning , Chief United States Bankruptcy Judge . I. INTRODUCTION On March 4, 2016, the Defendant, Eastern Connecticut State University ("ECSU"), filed an Amended Motion to Dismiss seeking to dismiss Count Two of the Plaintiff's First Amended Complaint (ECF No. 27). The Amended Motion to Dismiss asserts that Count Two should be dismissed because the doctrine of sovereign immunity shields ECSU from the Plaintiff's avoidance claim....
Memorandum of Decision and Order Compelling Arbitration and Staying this Adversary Proceeding Until Further Order of the Court Ann M. Nevins United States Bankruptcy Judge District of Connecticut . Before the court is defendant Andrew W. Jameson's ("Jameson") motion for an order staying this adversary proceeding and compelling arbitration pursuant to a Consultant and Collaboration Agreement dated January 1, 2013 (the "Agreement"), between Jameson and plaintiff G-Unit Film & Television,...
MEMORANDUM OF DECISION AND ORDER ON MOTION FOR SUMMARY JUDGMENT Ann M. Nivens , United States Bankruptcy Judge District of Connecticut . I. INTRODUCTION The issue before the court is whether a June 11, 2013 decision entered in the Connecticut Superior Court (the "State Court") between the parties to this adversary proceeding should have preclusive effect over the claims pending here based on the doctrine of collateral estoppel. If it does, this court must find that some or all of...
Memorandum of Decision and Ruling Ann M. Nevins , United States Bankruptcy Judge , District of Connecticut. Eternal Enterprise, Inc. ("Debtor"), the chapter 11 debtor and debtor-in-possession in the underlying bankruptcy proceedings here, case number 14-20292 (AMN)("Main Case") 1 , is the owner and operator of several hundred residential apartments located in multi-family buildings in Hartford, Connecticut. On July 14, 2015, plaintiff Hartford Holdings, LLC ("HHLLC" or the "Plaintiff") — a...
Memorandum of Decision and Ruling Denying Motion to Enforce Settlement Ann M. Nevins , United States Bankruptcy Judge , District of Connecticut. The defendant in this adversary proceeding and the debtor in the underlying bankruptcy case, Sheri Speer ("Speer"), filed a Motion to Enforce Settlement ("Motion") on June 20, 2016, asserting that the court should enter judgment for Speer based on a purported oral settlement agreement entered into before the Connecticut Superior Court on April 3,...
Memorandum of Decision and Order Ann M. Nevins , United States Bankruptcy Judge , District of Connecticut. Eternal Enterprise, Inc. ("Debtor"), the chapter 11 debtor and debtor-in-possession in the underlying bankruptcy proceedings here, case number 14-20292 (AMN)("Main Case") 1 , is the owner and operator of several hundred residential apartments located in multi-family buildings in Hartford, Connecticut. On July 14, 2015, plaintiff Hartford Holdings, LLC ("HHLLC" or the "Plaintiff") —...
MEMORANDUM AND ORDER ON MOTION FOR JUDGMENT ECF No. 12, 37. JULIE A. MANNING , Bankruptcy Judge . I. Introduction On August 11, 2014, the Law Office of W. Martyn Philpot, Jr., LLC, (the "Plaintiff"), commenced this adversary proceeding against the debtor, Robbie William Day (the "Defendant"). The Amended Complaint (the "Complaint", ECF No. 12), asserts that legal fees due to the Plaintiff from the Defendant should be deemed nondischargeable pursuant to 11 U.S.C. 523(a)(2)(A). On July...
MEMORANDUM AND ORDER ON MOTION FOR SANCTIONS ECF NOS. 1426, 1529, 1579, 1583, 1607, 1803, 1845, 1858, 1869, 1897 JULIE A. MANNING , Chief Bankruptcy Judge . I. Procedural History Before the Court is a Motion for Sanctions dated January 14, 2015 (the "Motion for Sanctions", ECF No. 1845), filed on behalf of Colonial Health & Rehab Center of Plainfield, LLC (the "Buyer"). The Buyer seeks an award of further civil contempt damages in connection with its purchase of the Debtor's nursing...
