RULING ON OBJECTION TO CLAIM NO. 5-1 AND MOTION TO STRIKE OBJECTION TO CLAIM NO. 5-1 James J. Tancredi , United States Bankruptcy Judge . I. INTRODUCTION Before the Court is the objection ("Objection," ECF No. 281) filed by the movant, Timothy G. Manners ("Mr. Manners"), 1 to Proof of Claim No. 5-1 ("Claim 5-1") filed by Joseph McMahon ("Mr. McMahon"), and Mr. McMahon's motion to strike the Objection ("Motion to Strike," ECF No. 385). 2 In the Objection, Mr. Manners objects to Claim...
RULING AND MEMORANDUM OF DECISION ON DEFENDANTS' MOTIONS TO DISMISS RE: ECF Nos. 1, 34, 89, 95 JAMES J. TANCREDI , Bankruptcy Judge . I. INTRODUCTION Before this Court are the motions to dismiss (collectively, "Motions") of defendants Timothy G. Manners ("Mr. Manners," ECF No. 89), Beth Manners ("Ms. Manners," ECF No. 95), and Geoffrey Levine ("Mr. Levine," ECF No. 34). Pursuant to Fed. R. Civ. P. 12(b)(6), the Motions seek dismissal of most remaining counts 1 of the adversary...
RULING AND MEMORANDUM OF DECISION ON DEFENDANTS' MOTION TO DISMISS RE: ECF No. 18, 38, 40. JAMES J. TANCREDI , Bankruptcy Judge . I. INTRODUCTION Before the Court is the Defendants' 1 motion to dismiss ("Motion," ECF No. 18) in part the adversary complaint ("Complaint," ECF No. 1) filed by Bonnie C. Mangan, the Chapter 7 Trustee ("Trustee"). The crux of the Defendants' argument is that, pursuant to Fed. R. Civ. P. 12(b)(6), as made applicable to this proceeding by Fed. R. Bankr. P....
RULING ON DEBTOR'S OBJECTION TO PROOF OF CLAIM 5-3 RE: ECF No. 134 JAMES J. TANCREDI , Bankruptcy Judge . I. INTRODUCTION Before this Court is the objection (ECF No. 134) of the debtor, Mariane Raucci ("Debtor"), to Proof of Claim 5-3 ("Claim 5"), the second amended proof of claim filed by River's Edge Condominium Association of Southington ("River's Edge"). The Debtor argues that Claim 5, the pre-petition assessments of fines, work orders, and fees asserted post-petition (hereinafter...
MEMORANDUM OF DECISION AFTER TRIAL Ann M. Nevins , United States Bankruptcy Judge . TABLE OF CONTENTS INTRODUCTION AND BACKGROUND ...110 JURISDICTION ...112 TRUSTEE'S CLAIMS AGAINST...112 THE DEFENDANTS AND DEFENDANT'S COUNTERCLAIMS ...112 FINDINGS OF FACT ...115 Neri Bros. Construction Corp: A Family Company ...115 Rival Companies Formed ...115 1992 State Court Lawsuit: Alan Sr. v. Carl ...117 Condition of the Debtor from 1991 to Petition Date ...119 Inability to Obtain...
MEMORANDUM OF DECISION AND ORDER IMPOSING SANCTION AGAINST ATTORNEY, DISAPPROVING APPLICATIONS FOR COMPENSATION AND DIRECTING THE DISGORGEMENT OF FUNDS Re: ECF No. 30, 35, 38 Re: ECF No. 28, 32, 35 Re: ECF No. 21, 25, 28 Re: ECF No. 28, 31, 35 ANN M. NEVINS , Bankruptcy Judge . Before the Court are several Orders for Stacie Ann Zimmerman ("Ms. Zimmerman") to Appear and Show Cause why she should not be sanctioned by the Court for her conduct in these four above-captioned Chapter 13...
MEMORANDUM OF DECISION ON MOTION TO DISMISS RE: ECF No. 9 JULIE A. MANNING , Bankruptcy Judge . I. Introduction In this adversary proceeding, the Plaintiffs, Anatoliy Gurevich ("Plaintiff Gurevich") and Fraser Lane Associates, LLC ("Plaintiff Fraser Lane," collectively with Plaintiff Gurevich, the "Plaintiffs"), filed a two-count Complaint against Creighton M. English (the "Debtor" or "Defendant"), pursuant to 11 U.S.C. 523(a)(2)(A) and 727(A)(4) 1 (the "Complaint"). In Count One of...
MEMORANDUM OF DECISION AND ORDER DENYING MOTION TO DISMISS RE: ECF No. 15. JULIE A. MANNING , Bankruptcy Judge . I. Introduction In this Adversary Proceeding, Plaintiff, Eric Malon ("Plaintiff"), filed a three-count Complaint against John Peter Mitola (the "Debtor" or "Defendant"), seeking a determination that certain debts owed by the Defendant to the Plaintiff are nondischargeable, pursuant to 11 U.S.C. 523(a)(2), (4) and (6) 1 (the "Complaint"). The Defendant is moving to dismiss...
POST TRIAL RULING ON CLAIMED PENSION EXEMPTION James J. Tancredi , United States Bankruptcy Judge . I. INTRODUCTION Before the Court is the Chapter 7 Trustee's Objection to the Debtor's Claim of Exemptions ("Objection", ECF No. 475). Therein, the Chapter 7 Trustee, Ronald Chorches ("Trustee") objects to the claimed exemption of funds by the Debtor, Jie "George" Xiao ("Mr. Xiao" or "Debtor") in the LXEng, LLC ("LXEng") Pension Plan ("Plan") valued in the amount of $414,533.40. While...
MEMORANDUM OF DECISION ON MOTION TO DISMISS ECF Nos. 4, 5 JULIE A. MANNING , Bankruptcy Judge . I. Introduction On January 18, 2018 (the "Petition Date"), Olegna Fuschi-Aibel (the "Plaintiff"), filed a voluntary petition under Chapter 11 of the Bankruptcy Code. On March 20, 2018, the Plaintiff filed a one-page Complaint (the "Complaint," Adv. Pr. No. 1), for "the turnover of property and monetary damages commensurate with the losses suffered." Complaint, 1. On April 20, 2018, The Bank of...
MEMORANDUM OF DECISION AFTER TRIAL REGARDING NON-DISCHARGEABLE DEBT James J. Tancredi , United States Bankruptcy Judge I. INTRODUCTION This matter comes before the Court on a Complaint (ECF No. 1) 1 filed by Matthew J. Lefevre ("Plaintiff"), Administrator C.T.A. of the probate estate of Katherine F. Mesulis, against the Defendant, Diana R. Fritzson ("Defendant") on June 3, 2016. In the Complaint, the Plaintiff seeks a determination by this Court that an alleged debt owed by the...
MEMORANDUM OF DECISION AFTER TRIAL Ann M. Nevins , United States Bankruptcy Judge . I. INTRODUCTION Plaintiff, Heritage Equities, LLC, doing business as Commission Express of Central Connecticut ("Heritage"), commenced this adversary proceeding against the defendant and debtor, Nancy L. Newman ("Newman"), seeking a determination that a debt owed by Newman to Heritage is non-dischargeable pursuant to 11 U.S.C. 523(a)(2)(A), 523(a)(4), and/or 523(a)(6). 1 Though the parties...
MEMORANDUM OF DECISION ON COMPLAINT JULIE A. MANNING , Bankruptcy Judge . I. Background On October 7, 2010, the Debtor filed a voluntary petition for relief under Chapter 7 of the Bankruptcy Code (Case No. 10-52433). On February 2, 2015, the Debtor/Plaintiff (the "Plaintiff") commenced an adversary proceeding (Adv. Proc. No. 15-05004) 1 by filing a two-count Complaint seeking to avoid judicial liens held by the Defendant (the "Complaint"). The first count of the Complaint seeks to avoid...
MEMORANDUM OF DECISION ON MOTION FOR SUMMARY JUDGMENT ECF No. 101 JULIE A. MANNING , Bankruptcy Judge . I. Introduction On July 11, 2013, Susan Skipp (the "Plaintiff"), pro se, filed a "Motion for Adversarial Proceeding" (hereinafter, the "Complaint," ECF No. 1), alleging that Mary Brigham (the "Defendant") violated federal and constitutional law. On March 31, 2017, the Defendant filed a Motion for Summary Judgment (the "Motion for Summary Judgment," ECF No. 101), asserting that the...
MEMORANDUM OF DECISION AND ORDER ON OBJECTION TO DEBTOR'S PLAN CONFIRMATION Re: ECF Nos. 48, 50. JAMES J. TANCREDI , Bankruptcy Judge . On March 24, 2018, Jackie P. Foster, by and through her undersigned counsel, Charles A. Maglieri, filed an amended Chapter 13 plan before confirmation ("Proposed Plan", ECF No. 48) pursuant to 11 U.S.C. 1322. Creditor Santander Bank, N.A. ("Santander") holds the note ("Note") and first-priority mortgage ("Mortgage") secured by Ms. Foster's residential...
MEMORANDUM OF DECISION AND ORDER ON DEBTORS' THIRD MOTION TO EXTEND THE EXCLUSIVITY PERIODS TO FILE A CHAPTER 11 PLAN AND SOLICIT ACCEPTANCES Re: ECF Nos. 414, 419 JAMES J. TANCREDI , Bankruptcy Judge . Clinton Nurseries, Inc., Clinton Nurseries of Maryland, Inc., Clinton Nurseries of Florida, Inc., and Triem LLC, debtors and debtors-in-possession (collectively, "Debtors"), by and through their undersigned counsel, have filed a motion ("Motion", ECF No. 414) pursuant to 11 U.S.C. 1121(...
MEMORANDUM OF DECISION AND ORDER DISMISSING COUNT IV OF THE THIRD PARTY COMPLAINT Re: AP — ECF Nos. 21, 46 ANN M. NEVINS , Bankruptcy Judge . Pending before the court is third-party defendant, Neligan LLP's ("Neligan"), motion to dismiss the third-party complaint brought against it by defendant/third-party plaintiff, GSO Business Management, LLC ("GSO")(the "Motion"; the third-party complaint is the "GSO/Neligan Complaint"). For the reasons that follow, the Motion is granted and Count IV...
MEMORANDUM OF DECISION ON MOTION FOR SUMMARY JUDGMENT RE: ECF No. 37 JULIE A. MANNING , Chief Bankruptcy Judge . I. Introduction In this adversary proceeding, Ruth Leblanc-Jones (the "Plaintiff"), seeks to have a judgment debt owed to her by Ronald Massie and Margaret Massie (the "Debtors"), declared nondischargeable pursuant to 11 U.S.C. 523(a)(2)(A). The Plaintiff is moving for summary judgment in reliance upon the allegedly preclusive effect of a prior judgment entered in the...
MEMORANDUM OF DECISION DISMISSING CHAPTER 11 CASE FOR CAUSE Re: ECF No. 4. JULIE A. MANNING , Bankruptcy Judge . On May 18, 2018, Republic, LLC (the "Debtor"), commenced this case by filing a voluntary Chapter 11 petition (the "Petition," ECF No. 1). According to the Petition, the Debtor is a single asset real estate business as defined in 11 U.S.C. 101(51)(B). The Debtor's real estate is located at 1001-1007 East Main Street, Bridgeport, CT 06604 (the "Property"). The Petition...
MEMORANDUM OF DECISION AND ORDER REQUIRING A MORE DEFINITE STATEMENT Re: AP-ECF No. 7. ANN M. NEVINS , Bankruptcy Judge . Before the court is defendant Mary Ann Anderson's ("Ms. Anderson") motion for dismissal of the bankruptcy trustee's complaint for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6), or alternatively, an order requiring a more definite statement pursuant to Fed.R.Civ.P. 12(e) (the "Motion"), AP-ECF No. 7 1 . See, Fed.R.Bankr.P. 7012. For the reasons that follow,...
