MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (ECF NO. 13) AND SETTING PRETRIAL CONFERENCE MINDY A. MORA , Bankruptcy Judge . THIS MATTER came before the Court upon Plaintiff's Motion for Final Summary Judgment on Counts II and III of its Complaint (ECF No. 13) (the " Motion ") (ECF No. 13) filed by Eden Day Spa, Inc. ("Eden") and the response (ECF No. 21) (" Response ") filed by the defendant/debtor, Renee Marie Bianca ("Debtor"). In addition to the...
ORDER (1) RESERVING RULING AND SETTING FURTHER HEARING ON MOTION TO DISMISS; (2) SETTING HEARING ON MOTION TO STAY DISCOVERY; AND (3) SETTING BRIEFING DEADLINES AND REQUIREMENTS ROBERT A. MARK , Bankruptcy Judge . The Court conducted a hearing on February 24, 2020, on Camilo Cola Filho's Motion to Dismiss or, in the Alternative, for Abstention (the "Motion to Dismiss") [DE# 141]. The Foreign Representative filed a response to the Motion to Dismiss (the "Response") [DE# 149] and Camilo...
ORDER (1) GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT REGARDING ASSIGNMENT (STANDING), AND (2) DENYING DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT ROBERT A. MARK , Bankruptcy Judge . The Court conducted a hearing on January 24, 2020, on (i) Plaintiff's Motion for Partial Summary Judgment Regarding Assignment — Standing Issue) (the "Motion for Summary Judgment") [DE #48], and (ii) Defendant's Verified Response to, and Cross-Motion for Summary Judgment on Standing Defense, to...
MEMORANDUM OPINION AND ORDER APPROVING IN PART AND DENYING IN PART FINAL FEE APPLICATION OF DEBTOR'S COUNSEL ANGELO A. GASPARRI AND THE LAW OFFICE OF ANGELO A. GASPARRI (ECF NO. 107) MINDY A. MORA , Bankruptcy Judge . This opinion serves as a cautionary tale for practitioners who undertake a chapter 11 representation without fully familiarizing themselves with the requirements of serving as counsel to a debtor in possession, including the appropriate protocols for compensation. Angelo...
MEMORANDUM ORDER GRANTING JOINT MOTION TO DISMISS CHAPTER 11 CASE A. JAY CRISTOL , Bankruptcy Judge . THIS MATTER came before the Court for hearing on January 9, 2020 upon the Joint Motion of NSR Imaging LLC and Daniele Mugnai to Dismiss Chapter 11 Case for Lack of Authority to File and for Bad Faith Pursuant to 11 U.S.C. 1112(b) [ECF No. 17] (" Motion to Dismiss ") filed by NSR Imaging, LLC (" NSR ) and Danielle Mugnai (" Mugnai " and collectively with NSR, the " Movants "), The...
ORDER DENYING MOTION FOR CONTEMPT BUT LIMITING SCOPE OF PERMISSIBLE RELIEF IN CRIMINAL CONTEMPT CASE ROBERT A. MARK , Bankruptcy Judge . The Court conducted a hearing on January 23, 2020, on Debtor's Verified Emergency Motion to Hold Creditor, Jeffrey Charlow and Creditor's Counsel Natalie Guerra-Valdes, Esq., in Contempt of Court for Intentional Violation of the Automatic Stay, to Enforce the Automatic Stay, and for Attorney's Fees and Other Sanctions (the "Motion for Contempt") [DE# 9]....
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT'S CONVERTED MOTION FOR SUMMARY JUDGMENT [ECF NO. 13], DENYING PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT [ECF NO. 28], AND CANCELLING PRE-TRIAL CONFERENCE MINDY A. MORA , Bankruptcy Judge . THIS MATTER initially came before the Court upon Defendant CFG LLC's Motion to Dismiss Adversary Complaint, or in the Alternative Motion for Summary Judgment and Incorporated Memorandum of Law in Support Thereof (ECF No. 13) (the " Converted...
