RULING AND MEMORANDUM OF DECISION GRANTING DEFENDANTS' MOTION TO DISMISS COMPLAINT Re: AP-ECF No. 6 ANN M. NEVINS , Bankruptcy Judge . Before the court is a motion by BMW Bank of North America, Inc. ("BMW Bank") to dismiss the complaint brought by Bonnie C. Mangan, Chapter 7 Trustee for Thornton & Co., Inc. (the "Trustee"), because it fails to state a claim on which relief can be granted, pursuant to Fed. R. Civ. P. 12(b)(6) and Fed. R. Bankr. P 7012. AP-ECF No. 6. 1 For the reasons...
RULING AND ORDER ON MOTIONS TO DISMISS AND MOTION FOR RELIEF FROM STAY James J. Tancredi , United States Bankruptcy Judge . I. INTRODUCTION Pending before this Court are the Chapter 13 Trustee's Motion to Dismiss (ECF No. 25), the Motion to Dismiss as it Applies to the Debtor Paul S. Ciarcia ("Motion to Dismiss", ECF No. 35) and Motion for Relief from Stay (ECF No. 36) filed by a pro se interested party, Amy Ciarcia, the Debtors' Objection to the Motion for Relief from Stay (ECF No. 39)...
Re: ECF No. 53, 57, 61, 62, 63, 67, 82, 95, 96; 101; 105 AMENDED MEMORANDUM OF DECISION AND ORDER ON MOTION FOR SUMMARY JUDGMENT, AFTER RECONSIDERATION ANN M. Nevins , United States Bankruptcy Judge . I. INTRODUCTION The issue before the court is whether a June 11, 2013, decision entered in a Connecticut Superior Court (the "State Court") case between the parties to this adversary proceeding should have preclusive effect over the claims pending here based on the doctrine of collateral...
RULING AND MEMORANDUM OF DECISION IMPOSING SANCTION FOR VIOLATION OF AUTOMATIC STAY Re: ECF No. 593 ANN M. NEVINS , Bankruptcy Judge . Before the court is a motion, by Curtis James Jackson, III, (the "Debtor") seeking legal fees and damages against Brandon Parrott and Erica Tucker (collectively "Respondents") for alleged violations of the automatic stay set forth in 11 U.S.C. 362(a). ECF No. 593. The Debtor, having filed a voluntary petition for relief under Chapter 11 of the...
RULING ON MOTION TO SET ASIDE DEFAULT RE: ECF No. 28 JAMES J. TANCREDI , Bankruptcy Judge . I. BACKGROUND In the matter before this Court, the Defendant, Scott M. Kraimer ("Marshall" or "Defendant") seeks to set aside a default entered against him on June 22, 2017, based upon the failure of legal counsel to timely appear or answer the Chapter 7 Trustee's Complaint seeking redress for an alleged fraudulent conveyance and/or preference in the form of a Marshall's execution fee...
MEMORANDUM OPINION ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT RE: ECF Nos. 30, 34, 35, 36 JAMES J. TANCREDI , Bankruptcy Judge . In this adversary proceeding, Thomas C. Boscarino, the Chapter 7 Trustee (the "Trustee") of the estate of Alinda Y. Knight (the "Debtor" or "Ms. Knight") seeks to avoid and recover, as fraudulent transfers pursuant to both 11 U.S.C. 548(a)(1)(B) and Conn. Gen. Stat. 52-552e(a)(2) and f(a) ("CUFTA"), several payments that Ms. Knight made for her adult son's...
RULING AND MEMORANDUM OF DECISION ON DEFENDANT'S MOTION TO DISMISS RE: ECF Nos. 6, 7, 9. JAMES J. TANCREDI , Bankruptcy Judge . Introduction Before the Court is Johnson & Wales University's (the "Defendant") Motion to Dismiss (ECF No. 7) and the Chapter 7 Trustee's Memorandum in Opposition to the Defendant's Motion to Dismiss ("Opposition Motion", ECF No. 9). For the reasons that follow, the Motion to Dismiss is hereby GRANTED. Facts On July 29, 2016, Donald D. Sagarino (the "Debtor"...
MEMORANDUM AND RULING AS TO DEBTORS' MOTION TO DETERMINE CLAIM STATUS Re: ECF No. 19 ANN M. NEVINS , Bankruptcy Judge . Before the court is a motion filed by Ruth L. Ellis and Glenn Ellis ("Mr. and Mrs. Ellis" or "Debtors") seeking an order determining the secured status of liens pursuant to 11 U.S.C. 506(a) and (d) (the " 506 Motion") relating to real property known as 76-78 Sylvan Avenue, New Haven, Connecticut (the "Property"). ECF No. 19. A secured creditor — U.S. Bank National...
RULING AND ORDER ALLOWING COMPENSATION OF $4,060.00 TO ATTORNEY CHARMOY Re: ECF No. 55 ANN M. NEVINS , Bankruptcy Judge . Before the court is an amended application for compensation filed pursuant to 11 U.S.C. 330 by Scott M. Charmoy, Esq. ("Attorney Charmoy"), former counsel to the debtor, Jehujah J. McNeilly ("Ms. McNeilly"), seeking allowance of attorney's fees and costs totaling $8,650.00 incurred in the representation of Ms. McNeilly in this chapter 13 case. 1 ECF No. 55. Ms....
MEMORANDUM OF DECISION ON MOTION FOR SUMMARY JUDGMENT AND OPPOSITION TO SUMMARY JUDGMENT JULIE A. MANNING , Bankruptcy Judge . I. Introduction The Defendant's Motion for Summary Judgment asserts that unpaid guardian ad litem ("GAL") fees for services he provided to the Plaintiff's minor children in a divorce and custody action are nondischargeable as a matter of law because the fees are for child "support" pursuant to 11 U.S.C. 523(a)(5). The Plaintiff objects and asserts: (i) that...
RULING AND MEMORANDUM OF DECISION ON MOTION TO DISMISS RE: ECF Nos. 1, 8, 9, 17. JAMES J. TANCREDIT , Bankruptcy Judge . Introduction Before the Court is James J. Licata's ("Mr. Licata", "Debtor" or "Defendant") Motion to Dismiss Counts Two and Three of the Trustee's Nondischargeability Complaint pursuant to Fed. R. Bankr. P. 7012(b)(6) (ECF No. 8, the "Motion" or "Motion to Dismiss"). Counts Two and Three of the Complaint seek to deny Mr. Licata's discharge, pursuant to 11 U.S.C....
MEMORANDUM AND ORDER ON OBJECTION TO CLAIM 3 AND SECOND AMENDED MOTION FOR RELIEF FROM THE AUTOMATIC STAY ECF Nos. 34, 40, 42, 49, 52, 72, 80, 88, 94, 95, 108. JULIE A. MANNING , Chief Bankruptcy Judge . I. INTRODUCTION Walter B. Reddy (the "Debtor"), filed the above-captioned Chapter 13 case on May 26, 2016. The Debtor has filed all documents in this case and appeared before the Court as a pro se filer/litigant. On November 10, 2016, the Debtor filed an objection to a proof of...
RULING AND MEMORANDUM OF DECISION RESOLVING CHAPTER 11 PLAN CONTROVERSY Re: ECF No. 598, 621, 628. ANN M. NEVINS , Bankruptcy Judge . Before the court is Lastonia Leviston's ("Ms. Leviston") motion seeking an order resolving a controversy about the scope and effect of Curtis James Jackson, III's ("Mr. Jackson" or the "Debtor") confirmed chapter 11 plan. See ECF Nos. 598, 621 and 628. In particular, Ms. Leviston seeks a determination that the Third Amended Plan of Reorganization (the "...
MEMORANDUM OF DECISION ON MOTION FOR SUMMARY JUDGMENT RE: ECF NOS. 54, 59, 70 JULIE A. MANNING , Chief Bankruptcy Judge . I. INTRODUCTION In this adversary proceeding (the "Adversary Proceeding"), the Plaintiff, Kyle Silvestro (the "Plaintiff"), seeks to have a debt owed to him by the Debtor, Bernhard Keppler (the "Defendant"), deemed nondischargeable pursuant to 11 U.S.C. 523(a)(2)(A). The Plaintiff moved for summary judgment on the sole count of the adversary complaint (the "...
ORDER AND RULING DENYING DEFENDANT'S MOTIONS TO DISMISS RE: ECF Nos. 16, 18 JAMES J. TANCREDI , Bankruptcy JUdge . I. INTRODUCTION Before the Court is the Amended Motion to Dismiss (ECF No. 16) filed by the Defendant, Boardwalk Realty Associates, LLC ("Receiver"), and the responsive Objection (ECF No. 18) filed by the Plaintiff, Lamplight Condominium Association, Inc ("Debtor"). The parties' briefs raise three fundamental issues pertaining to the interrelationship of state courts and...
MEMORANDUM OF DECISION ON MOTION FOR SUMMARY JUDGMENT AND OPPOSITION TO SUMMARY JUDGMENT JULIE A. MANNING , Bankruptucy Judge . I. Introduction In this adversary proceeding, the Plaintiffs, Joseph Murphy and Nancy Murphy (collectively, the "Plaintiffs"), seek to have a debt owed to them by the Debtors, Stuart Scott Snyder and Doreen Anne Snyder (collectively, the "Defendants"), deemed nondischargeable pursuant to 11 U.S.C. 523(a)(2)(A), 11 U.S.C. 523(a)(4), and 11 U.S.C. 523(a)(6)....
MEMORANDUM AND ORDER GRANTING RELIEF FROM AUTOMATIC STAY TO SANTANDER BANK, N.A. F/K/A SOVEREIGN BANK RE: ECF Nos. 37, 43, 48 JULIE A. MANNING , Bankruptcy Judge . On February 7, 2017, a hearing was held on Santander Bank, N.A. f/k/a Sovereign Bank's (the "Movant's"), Motion for Relief from the Automatic Stay to Exercise Setoff Rights and Other Equitable Relief dated January 6, 2017 (the "Motion for Relief from Stay", ECF No. 37), the Debtor's Objection to the Motion for Relief from Stay...
MEMORANDUM AND RULING CONFIRMING HARTFORD HOLDINGS, LLC'S SECOND MODIFIED FIFTH AMENDED CHAPTER 11 PLAN BUT STAYING THE CONFIRMATION ORDER TO NOT LATER THAN JULY 31, 2017 Re: ECF Nos. 709, 966, 967. ANN M. NEVINS , Bankruptcy Judge . Introduction What is the value of the debtor's real property The answer — and the key to the resolution of this three-year old chapter 11 case — is unknown with estimates varying between $14,240,000 and $4,360,000. When, as here, a plan is proposed that...
MEMORANDUM OF DECISION AND ORDER GRANTING MOTION FOR JUDGMENT Re: ECF No. 27. ANN M. NEVINS , Bankruptcy Judge . I. INTRODUCTION On August 10, 2015, the State of Connecticut, Department of Labor (the "Plaintiff" or "CTDOL") commenced this adversary proceeding against Gifty A. King, also known as Gifty A. Bediako, ("Ms. King" or the "Defendant") by filing a two-count complaint. ECF No. 1. Count one of the complaint seeks to have a debt owed to the CTDOL by Ms. King deemed non-...
MEMORANDUM OF DECISION GRANTING PARTIAL SUMMARY JUDGMENT James J. Tancredi , United States Bankruptcy Judge District of Connecticut I. INTRODUCTION Before the Court is an adversary proceeding in which the Plaintiff, Bonnie C. Mangan, the duly appointed Chapter 7 Trustee ("Trustee"), seeks to avoid and recover, pursuant to 11 U.S.C. 547(b), several prepetition transfers of funds from the Debtor, Save Home Energy ("Debtor" or "SHE") to the Defendants, Robert K. Mason and Rosemary...
