MEMORANDUM OF DECISION ON DEFENDANT'S MOTION TO DISMISS MELVIN S. HOFFMAN, Bankruptcy Judge. The defendant, Wells Fargo Bank, N.A., as Trustee for Aegis 2-3-03, has moved to dismiss this adversary proceeding pursuant to Fed.R.Civ.P. 12(b)(6), made applicable by Fed. R. Bankr.P. 7012, for failure of the plaintiffs to state a claim. For the reasons discussed below I will allow the motion. Background On September 16, 2003, the plaintiffs, who are the Debtors in the main bankruptcy case,...
MEMORANDUM OF LAW HENRY J. BOROFF, Bankruptcy Judge. Before the Court is a "Motion for Interpretation of Order" (the "Motion for Interpretation") filed by The Education Resources Institute, Inc. ("TERI"), through which TERI asks this Court to interpret its order dated June 23, 2008 granting TERI's "Motion ... for Order (A) ... Authorizing [TERI] to Reject Certain Contracts with The First Marblehead Corporation and (B) ... Authorizing [TERI] to Enter into a Transition Services Agreement" (the...
MEMORANDUM OF DECISION ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT FRANK J. BAILEY, Bankruptcy Judge. By her complaint in this adversary proceeding, the plaintiff and chapter 13 debtor, Sarah Wilson ("Wilson" or the "Debtor"), seeks principally a determination that, by virtue of alleged defects in the assignment of her loan, Deutsche Bank, Trustee, on behalf of the Certificate-holders of Morgan Stanley ABS Capital I Inc. Trust 2004-NC3, Mortgage Pass Through Certificates, Series 2004-NC3 ("...
MEMORANDUM OF DECISION ON DEFENDANT'S MOTION TO DISMISS MELVIN S. HOFFMAN, Bankruptcy Judge. Before me is the motion of the defendant Emigrant Mortgage Company, Inc. to dismiss this adversary proceeding. Background The plaintiff, who is the Debtor in the main bankruptcy case, refinanced his home mortgage loan with the defendant lender on December 7, 2007. In his complaint, the plaintiff alleges that this transaction violated the Massachusetts Consumer Credit Cost Disclosure Act, Mass. Gen....
MEMORANDUM OF DECISION HENRY J. BOROFF, Bankruptcy Judge. Before the Court is a Motion filed by Creditor Wells Fargo Bank, N.A., as Trustee for Merrill Lynch Mortgage Investors Trust Mortgage Loan Asset-Backed Certificates, Series 2004-OPT1 and/or its successors and assigns for Relief from the Automatic Stay ("Wells Fargo," the "Motion for Relief") relative to property owned by Lilia Shapoval (the "Debtor") at 71-73 Beaumont Street, Springfield, Massachusetts (the "Property"). Among the...
MEMORANDUM OF DECISION ON MOTION FOR RELIEF FROM STAY MELVIN S. HOFFMAN, Bankruptcy Judge. This matter came before me for hearing on the Motion for Relief from Stay of Scituate Federal Savings Bank (the "Bank") [#51], the Debtor's opposition thereto [#52], the Bank's reply to the Debtor's opposition [#58], and the Debtor's supplemental opposition [#59]. Following the hearing the parties submitted additional memoranda of law [#61, by the Bank, and #70, by the Debtor]. The primary issue in...
MEMORANDUM OF DECISION ON CHAPTER 13 TRUSTEE'S OBJECTION TO CONFIRMATION OF THE DEBTOR'S AMENDED CHAPTER 13 PLAN MELVIN S. HOFFMAN, Bankruptcy Judge. This matter came before me for hearing on the objection of Denise M. Pappalardo, the standing Chapter 13 Trustee, to confirmation of the Debtor's amended Chapter 13 plan. The Trustee argues that the amended plan fails to provide for the unsecured creditors to receive the Debtor's entire projected disposable income and that in any event the...
MEMORANDUM OF DECISION HENRY J. BOROFF, Bankruptcy Judge. Before the Court is a motion for summary judgment (the "Summary Judgment Motion") filed by Access Cardiosystems, Inc. ("Access"), four of its individual investors (the "Investors"), and the corporate entities through which several of those investments were made (together, the "Plaintiffs"). 2 Through their motion, the Plaintiffs seek an award of damages based on this Court's previous findings and rulings on liability with regard to...
MEMORANDUM OF DECISION AND ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT FRANK J. BAILEY, Bankruptcy Judge. By its complaint in this adversary proceeding, the reorganized debtor, Tools-4-Hire, Inc. ("Tools"), 1 seeks to recover two things: (i) payments totaling $256,580.71 that it made to the defendant, Wells Fargo Construction, a division of Wells Fargo Equipment Finance, Inc. ("Wells Fargo"), during its chapter 11 case and prior to confirmation of its chapter 11 plan as "adequate protection"...
MEMORANDUM OF DECISION HENRY J. BOROFF, Bankruptcy Judge. Before the Court is a motion filed by defendant Wells Fargo Bank, NA ("Wells Fargo") to dismiss the adversary complaint brought by plaintiff Carmen M. Bailey (the "Debtor"). Through this adversary proceeding, the Debtor seeks to invalidate Wells Fargo's prepetition foreclosure sale of the Debtor's residence on the grounds that Wells Fargo was not the holder of the mortgage at the time of its foreclosure. For the reasons set forth...
MEMORANDUM OF DECISION ON DEBTOR'S MOTION TO SELL MELVIN S. HOFFMAN, Bankruptcy Judge. This matter came before me on the motion [# 32] of the Debtor, Na-Mor, Inc., a Massachusetts corporation, ("Namor-Mass" or the "Debtor") to sell its interest in certain real property located in Harwinton, Connecticut, free and clear of all liens, pursuant to 11 U.S.C. 363(b) and (f)(4). Creditor Banco Popular North America [# 39] and interested party Robert Armistead [# 48] objected to the proposed sale...
MEMORANDUM OF DECISION HENRY J. BOROFF, Bankruptcy Judge. Before the Court is the "Debtors' Motion to Verify or Compel Abandonment of Certain Property of the Estate" (the "Motion to Verify"). Andrew C. Donarumo ("Donarumo") opposes and has filed his own "Cross-Motion for Entry of An Order Determining that (A) the Claims Were Not Abandoned, and (B) Any Assignment of the Claims is Void" (the "Cross-Motion"). Although the briefing and court argument outlined relatively complex facts and...
MEMORANDUM OF DECISION ON THE CHAPTER 7 TRUSTEE'S OBJECTION TO DEBTOR'S DISCHARGE FRANK J. BAILEY, Bankruptcy Judge. By his complaint in this adversary proceeding, the chapter 7 trustee, Joseph Braunstein (the "Trustee"), objects under 11 U.S.C. 727(a)(6)(A) to the discharge of the defendant and debtor, Nectarios Fatsis (the "Debtor"), on the basis of the Debtor's alleged refusal during this bankruptcy case to obey a lawful order of the court. The order in question is the order confirming...
MEMORANDUM OF DECISION ON MOTIONS TO DISMISS ADVERSARY PROCEEDING MELVIN S. HOFFMAN, Bankruptcy Judge. This matter came before me on the Motion to Dismiss of Peoples' United Bank f/k/a Flagship Bank and Trust Company ("Flagship") [# 8] and the Motion to Dismiss of the Debtors, Jason and Megan Reid [#9], and the Chapter 7 Trustee's opposition thereto [# 20]. At issue is whether the complaint fails to state a claim upon which relief may be granted and, therefore, should be dismissed under Fed....
MEMORANDUM OF DECISION ON DEBTOR'S MOTION TO REJECT PURCHASE AND SALE AGREEMENT WITH DENNIS MINNICH [# 18] MELVIN S. HOFFMAN, Bankruptcy Judge. This matter is before me on the Debtor's Motion to Reject Purchase and Sale Agreement with Dennis Minnich [# 18] and Dennis Minnich's opposition thereto [# 30]. In support of its Motion, the debtor emphasizes the inequality of positions between Robert Tashjian, the 80 year old member and manager of the debtor who signed the purchase and sale agreement...
MEMORANDUM JOAN N. FEENEY, Bankruptcy Judge. I. INTRODUCTION The matter before the Court is the Second Amended Complaint filed by the Commonwealth of Massachusetts, through its Attorney General, Martha Coakley. Together with the United States trustee, the Commonwealth seeks, inter alia, the denial of Alec G. Sohmer's discharge pursuant to 11 U.S.C. 727(a)(2), (3), (4), and (5). On August 28, 2009, this Court granted the Joint Motion to Sever and Conduct Trial on Plaintiffs' Claims...
MEMORANDUM OF DECISION WILLIAM C. HILLMAN, Bankruptcy Judge. I. INTRODUCTION The matters before the Court are the "Motion to Dismiss Adversary Complaint of Defendants John Marini, John Marini Management Company, Lenox-Norwood LLC, and The Framing Company, Inc." and the "Defendant's [sic] Emergency Motion to Dismiss Plaintiff's Complaint to Enforce Judicially Dissolved Mechanic's Lien, Expunge the Recording of the Complaint from the Registry of Deeds and for Rule 11 Sanctions" (...
