MEMORANDUM Joan N. Feeney , United States Bankruptcy Judge . I. INTRODUCTION The matters before the Court are the Motion of the Massachusetts Department of Revenue for Judgment on the Pleadings and the Motion of the United States of America 1 for Judgment on the Pleadings and, in the Alternative, Summary Judgment (together, the "Motions") with respect to the three count Complaint, captioned "Complaint to Determine Dischargeability of Debts," filed by the Debtor, Johan K. Nilsen (the "...
MEMORANDUM Joan N. Feeney , United States Bankruptcy Judge . I. INTRODUCTION The matter before the Court is the Motion of East Boston Savings Bank for Relief from the Automatic Stay pursuant to 11 U.S.C. 362(d)(1) and (d)(2) (the "Lift Stay Motion"). Specifically, East Boston Savings Bank ("EBSB") seeks to foreclose on real property located at 173B Norfolk Avenue, Boston, Massachusetts; 30-40 Batterymarch Street, Boston, Massachusetts; 261 Marlborough Street, Unit 5, Boston,...
MEMORANDUM Joan N. Feeney , United States Bankruptcy Judge I. INTRODUCTION The matter before the Court is the "Motion for Partial Summary Judgment on Count IV and Under 11 U.S.C. 727(a)(4)(A) against Defendant/Debtor Steven C. Fustolo" filed by the Plaintiff, the Patriot Group, LLC ("Patriot" or the "Plaintiff"). 1 Pursuant to its Motion, the Plaintiff seeks entry of an order denying the Debtor a discharge for knowingly and fraudulently making a false oath in connection with filing...
ORDER AND MEMORANDUM OF DECISION Frank J. Bailey , United States Bankruptcy Judge . I. Overview In this adversary proceeding, Wilbur J. Babin, Trustee in Bankruptcy (the "Trustee") of George Porter, Jr. ("Porter"), Brian H. Stoltz ("Stoltz"), David Russell Batiste, Jr. ("Batiste") (Porter, Stoltz and Batiste may be referred to collectively as the "Band Members"), Porter-Batiste-Stoltz, LLC (the "Band"), Ronnie Glynn Penton ("Penton"), The Penton Law Firm ("Penton Firm"), John O. Pieksen,...
MEMORANDUM JOAN N. FEENEY , Bankruptcy Judge . I. INTRODUCTION The matter before the Court is the Motion of The Patriot Group, LLC ("Patriot") to Compel the Defendant Steven C. Fustolo ("Fustolo" or the "Debtor") to Produce Documents and Agreed Upon Motion to Extend the Discovery Deadline to Complete Debtor's Deposition. Pursuant to Fed. R. Civ. P. 37, Bank. P. R. 7037, and Local Rule 7037-1, Patriot seeks to compel Fustolo to produce "(a) emails responsive to Patriot's First Request for...
MEMORANDUM JOAN N. FEENEY , Bankruptcy Judge . I. INTRODUCTION The matter before the Court is the "Motion of Plaintiff Joseph G. Butler, Chapter 7 Trustee, for Leave to Amend Complaint pursuant to Rule 7015(a)" (the "Motion"). Pursuant to his Motion, the Trustee "seeks leave to file a Verified Second Amended Complaint for the limited purpose of avoiding and recovering specific transfers of personal property, the circumstances of which transfers have only recently come to light in the...
ORDER JOAN N. FEENEY , Bankruptcy Judge . In accordance with the Memorandum dated December 3, 2015, the Court grants the Defendants' Motion to Amend Answer and Counterclaim, without prejudice to the filing of a Motion to Dismiss Counterclaims II-IV. The Court denies the Defendants' Expedited Motion pursuant to which they seek a "restraining order" against the Plaintiff, Genaro Recupero. The Court hereby amends its Pretrial Order as follows: 1) the parties shall file their Rule 26(f)...
MEMORANDUM JOAN N. FEENEY , Bankruptcy Judge . I. INTRODUCTION The matters before the Court are 1) the Defendants' Motion to Amend Answer and Counterclaim pursuant to which the Defendants seek to add three additional counterclaims in addition to an existing counterclaim; and 2) the "Expedited Motion for Hearing Upon Defendant's [sic] Counterclaim Prayer #2 for Restraining Order," pursuant to which the Defendants, Anthony DeSimone and Cheryl DeSimone (the "Defendants" or the "Debtors"),...
MEMORANDUM OF DECISION AND ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT MELVIN S. HOFFMAN , Bankruptcy Judge . "Happy families are all alike; every unhappy family is unhappy in its own way." 1 Tolstoy penned these insightful words nearly a century and a half ago. They still hold true. The Smith-Whitcomb family's unhappiness has been playing itself out in litigation spanning almost 7 years and counting. Each side in this particular chapter of the litigatory saga has asked me to end the...
MEMORANDUM JOAN N. FEENEY , Bankruptcy Judge . The matter before the Court is the Motion of Debtor Pursuant to Fed. R. Civ. P. 59(e) and Fed. R. Bankr. P. 9023 to Alter and Amend this Court's order dated November 5, 2015, granting the Motion of East Boston Savings Bank for Relief from the Automatic Stay pursuant to 11 U.S.C. 362(d)(1) and (d)(2) (the "Lift Stay Motion"), together with a Request for Expedited Consideration (the "Motion to Alter and Amend"). Through its Motion to Alter and...
ORDER JOAN N. FEENEY , Bankruptcy Judge . In accordance with the Memorandum dated November 24, 2015, the Court grants the "Motion to Remove Lynch, Brewer, Hoffman & Fink, LLP, Special Corporate and Litigation Counsel to Genesys Research Institute" filed by Christine E. Briggs, Ph.D.
MEMORANDUM JOAN N. FEENEY , Bankruptcy Judge . The matter before the Court is the "Motion to Remove Lynch, Brewer, Hoffman & Fink, LLP, Special Corporate and Litigation Counsel to Genesys Research Institute" (the "Motion") filed by Christine E. Briggs, Ph.D. ("Dr. Briggs"). The Motion has generated considerable controversy and precipitated the filing of numerous affidavits and exhibits, including multiple affidavits executed and filed by John P. Dennis, an attorney with the law firm of...
MEMORANDUM Joan N. Feeney , Bankruptcy Judge . I. INTRODUCTION The matter before the Court is the Motion of Defendant Bank of America, N.A. successor by merger to BAC Home Loans Servicing, LP, formerly known as Countrywide Home Loans servicing LP ("BANA") to Dismiss Counts II-VII of Plaintiff's Complaint. The Court heard the matter on August 25, 2015 and raised an issue as to this Court's jurisdiction. The material facts necessary for this Court to determine its jurisdiction are not in...
MEMORANDUM JOAN N. FEENEY , Bankruptcy Judge . I. INTRODUCTION The matter before the Court is the Motion to Modify Sale Order filed by Goodwill Enterprises, Inc., d/b/a Auto Mall Collections ("Goodwill"). Goodwill, relying upon Fed. R. Civ. P. 60(b), made applicable to this contested matter by Fed. R. Bankr. P. 9024, seeks to modify this Court's August 31, 2012 "Order Authorizing and Approving Private Sale of Interest in 218 Andover Street Peabody LLC and Interest in 218 Andover Street...
MEMORANDUM OF DECISION HENRY J. BOROFF , Bankruptcy Judge . Before the Court is a "Motion for Determination of Domestic Support Obligation as Provided Under the Terms of the Divorce Decree" (the "Motion for Determination"), filed by Joseph H. Baldiga, the plaintiff in this adversary proceeding and Chapter 7 trustee (the "Trustee") in the underlying bankruptcy case of Marian F. Golemo (the "Debtor"). In resolving the Motion for Determination, the Court must decide whether the claim...
MEMORANDUM AND ORDER ON THE TRUSTEE'S OBJECTION TO EXEMPTION MELVIN S. HOFFMAN , Bankruptcy Judge . David M. Nickless, the chapter 7 trustee in this case, has objected to the exemption claimed by the debtor, Gary A. Blanchette, in certain real property on the grounds that Mr. Blanchette did not own an interest in that property at the time he declared a state law homestead on it and the homestead declaration of Mr. Blanchette's former wife, who is the record owner of the property, has...
MEMORANDUM JOAN N. FEENEY , Bankruptcy Judge . I. INTRODUCTION The matters before the Court are two motions filed by Carl Follo, Follo Hospitality Inc. and Carpa Real Estate, LLC (collectively "Follo"): (1) a Motion to Amend Complaint Following Trial, and (2) a Motion for the Court to Take Judicial Notice of Jury Instructions. Susan C. Morency ("Morency" or the "Debtor") filed Oppositions to both Motions. Follo commenced an adversary proceeding against Morency which has been pending for...
MEMORANDUM JOAN N. FEENEY , Bankruptcy Judge . I. INTRODUCTION AND PROCEDURAL BACKGROUND The contested matter before the Court is the Objection by the Creditor, Conn Kavanaugh Rosenthal Peisch & Ford LLP (the "Creditor" or "Conn Kavanaugh"), to the proof of claim filed by Carl Follo, Follo Hospitality, Inc. and Carpa Real Estate, LLC (collectively, "Follo"), through which Follo asserts Susan C. Morency ("Morency" or the "Debtor") owes him the sum of $501,174 based on a Vermont state court...
ORDER ON APPLICATION BY COUNSEL TO THE DEBTOR FOR COMPENSATION Melvin S. Hoffman , U.S. Bankruptcy Judge Philip M. Stone, counsel to the debtor, Carlo J. Genatossio, Jr., filed an application for compensation under 11 U.S.C. 330(a) and MLBR 13-7(c) seeking the allowance of fees and expenses for representing the debtor not only in this chapter 13 case but also previously when the case was one under chapter 7. The question arises, can Mr. Stone be compensated with chapter 13 estate...
MEMORANDUM Joan N. Feeney , United States Bankruptcy Judge . I. INTRODUCTION The matters before the Court are the Cross-Motions for Summary Judgment filed by the Plaintiff, the Chapter 11 debtor, Greater Love Tabernacle Church of Boston, Massachusetts ("GLTC" or the "Debtor"), and the Defendant, VFC Partners 18 LLC ("VFC") with respect to both counts of the two count Complaint filed by the Debtor against VFC. The Court heard the Cross-Motions on June 11, 2015 and took them under...
