MEMORANDUM OF DECISION Frank J. Bailey , United States Bankruptcy Judge . By its complaint in the above-captioned adversary proceedings, plaintiff Integrated Pharmaceuticals, Inc. ("Integrated"), of which the defendant debtors, Chinmay Chatterjee ("Chinmay") and Nilu Chatterjee ("Nilu") (together, "the Chatterjees" or "the Debtors"), were formerly officers and directors, seeks a determination that a state-court judgment it has obtained against the Chatterjees for breach of their fiduciary...
MEMORANDUM Joan N. Feeney , United States Bankruptcy Judge . I. INTRODUCTION The matter before the Court is the Motion of RREF II Kenmore Lessor II, LLC ("RREF") for Relief from Stay to Proceed with Summary Process Eviction (the "Stay Relief Motion"). RREF, a Massachusetts limited liability company and an affiliate of Related Beal, supported its Stay Relief Motion with the Affidavit of Will Grosvenor, a Director and General Manager for Related Beal, a real estate development and...
MEMORANDUM JOAN N. FEENEY , Bankruptcy Judge . Whereas, this Court conducted an evidentiary hearing on September 17, 2018; and Whereas, at the conclusion of the hearing, the Court entered the following order: Upon consideration of the Trustee's Motion for Contempt Order and Related Sanctions against the Debtor, Eric Josephson and Jackson Hole Classic Cars, LLC (the "Respondents") for Defying Court Order, the Court having found the Respondents in contempt for failing to comply with the...
MEMORANDUM JOAN N. FEENEY , Bankruptcy Judge . I. INTRODUCTION The matters before the Court are 1) the Motion for Sanctions filed by Philip Goduti ("Goduti") pursuant to which he seeks sanctions in the sum of $1,400.00, jointly and severally, against Charles Reither (the "Plaintiff," the "Debtor," or "Reither") and his attorney, William P. Brearley, Esq. ("Attorney Brearley"); and 2) the Motion of Defendants, Peter L. Knox, Individually, and in his capacity as Trustee of the Knox Pension...
MEMORANDUM JOAN N. FEENEY , Bankruptcy Judge . I. INTRODUCTION The matter before the Court is Trustee's Motion to Approve Stipulation of Settlement (the "Settlement Motion"). Pursuant to the Settlement Motion, the Trustee seeks approval of a settlement agreement between herself and Cameron Brookes ("C. Brookes") pursuant to Fed. R. Bankr. P. 9019. Stewart Title Guaranty Company ("Stewart Title") filed an Objection to the Settlement Motion. The Court heard the matter on September 7, 2018...
MEMORANDUM OF DECISION CHRISTOPHER J. PANOS , Bankruptcy Judge . I. Introduction Before the Court are the 11 U.S.C. 727(a)(2), (a)(4), and (a)(7) 1 counts (the "727 Claims") asserted in these consolidated adversary proceedings 2 filed in the chapter 7 cases of Peter LeGrand Carmack ("Peter") and Oliver Kanaga Carmack ("Oliver," together with Peter, the "Debtors" or "Defendants") pursuant to which the plaintiffs Elements Capital Group, Capital Community Bank, Robert Doane, and...
MEMORANDUM JOAN N. FEENEY , Bankruptcy Judge . I. INTRODUCTION The matter before the Court is the Motion for Reconsideration of Order Sustaining Trustee's Objection to Homestead Exemption filed by Kenneth Norton (the "Debtor"). The Court, at a hearing conducted on September 7, 2018, sustained the Trustee's Objection to Homestead Exemption, stating the following on the record: Exemptions are determined as of the petition date. The debtor is judicially estopped from claiming that this...
MEMORANDUM Joan N. Feeney , United States Bankruptcy Judge . I. INTRODUCTION The matter before the Court is the Motion for Summary Judgment filed by Donald R. Lassman, the Chapter 7 Trustee (the "Plaintiff" or the "Trustee") of the bankruptcy estate of Kristen M. Spalt (the "Defendant" or the "Debtor"). Through his Motion, the Plaintiff seeks summary judgment against the Debtor on Counts I, III and IV of the "Amended Complaint Objecting to Discharge of the Debtor." Specifically, the...
MEMORANDUM OF DECISION AND ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT MELVIN S. HOFFMAN , Bankruptcy Judge . In the one remaining count of Mr. Desmond's two-count complaint against Ms. Green in this adversary proceeding, 1 Mr. Desmond seeks judgment under Bankruptcy Code 363(h) 2 permitting him to sell a condominium in Newton, Massachusetts owned as tenants by the entirety by Ms. Green, who is not a debtor in a bankruptcy case, and her husband, Warren Green, the debtor in the...
MEMORANDUM OF DECISION ON OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN FRANK J. BAILEY , Bankruptcy Judge . I. INTRODUCTION Debtor Timothy Havens has filed a chapter 13 plan ("the Plan") that he would fund with monthly payments of $833.00 over a term of 36 months, a total of $29,980.19, and thereby pay, after administrative claims (the trustee's fee and $3,000 to his attorney), a total distribution to nonpriority unsecured creditors of $23,982.17. Filed nonpriority unsecured claims total...
MEMORANDUM OF DECISION ON TRUSTEE'S MOTION FOR SUMMARY JUDGMENT FRANK J. BAILEY , Bankruptcy Judge . I. INTRODUCTION By her complaint in this adversary proceeding, Lynne Riley ("the Trustee"), as she is trustee in chapter 7 bankruptcy case of debtor Damian Anketell ("the Debtor"), seeks authority under 11 U.S.C. 363(h) to sell, with the estate's interest in certain real property, the interest of co-owner Lori Anketell ("Lori") in the same property. The matter is before the Court on the...
MEMORANDUM OF DECISION FRANK J. BAILEY , Bankruptcy Judge . I. INTRODUCTION The above-captioned bankruptcy case and adversary proceeding are before the Court on three related matters: (i) a motion by the defendants in the adversary proceeding to compel the plaintiff chapter 7 trustee to comply with an alleged agreement between the parties to settle the adversary proceeding; (ii) a motion in the bankruptcy case by the chapter 7 trustee to approve a separate agreement under which he would...
MEMORANDUM JOAN N. FEENEY , Bankruptcy Judge . I. INTRODUCTION The matter before the Court is the Debtors' "Motion to Convert to Chapter 13" pursuant to which they seek to convert their Chapter 7 case to a case under Chapter 13. The Chapter 13 Trustee has filed an Objection to the Motion. II. UNDISPUTED FACTS The Debtors filed a petition for relief under Chapter 13 on August 12, 2008. Approximately 14 months later, on January 5, 2010, this Court entered an order confirming the Debtors'...
MEMORANDUM OF DECISION ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT MELVIN S. HOFFMAN , Bankruptcy Judge . Joseph Butler, the chapter 7 trustee of the bankruptcy estate of Peter Wojtkun and the plaintiff in this adversary proceeding, filed a two-count complaint against Dr. Wojtkun seeking injunctive relief under both Bankruptcy Code 105(a) (count I) and 521(a)(3) (count II) barring Dr. Wojtkun from interfering with Mr. Butler's efforts to sell the assets of Dr. Wojtkun's former dental...
ORDER ON MOTION OF DEBTOR TO HOLD THE MASSACHUSETTS EXECUTIVE OFFICE OF HEALTH & HUMAN SERVICES IN CONTEMPT AND FOR SANCTIONS Melvin S. Hoffman , U.S. Bankruptcy Judge . The debtor's motion to hold the Massachusetts Executive Office of Health & Human Services ("EOHHS") in contempt and for sanctions for violating the automatic stay imposed as a result of the filing of this bankruptcy case on January 11, 2018, came on for hearing before me on August 21, 2018. At the hearing, the parties...
MEMORANDUM JOAN N. FEENEY , Bankruptcy Judge . I. INTRODUCTION The matter before the Court is the Motion of the Defendant, George R. Roberts Company (the "Defendant" or "GRRC"), for Partial Summary Judgment with respect to the Complaint filed by Gary W. Cruickshank, the Chapter 7 Trustee (the "Plaintiff" or the "Trustee") of Boston Grand Prix, LLC (the "Debtor" or "BGP") to avoid two allegedly preferential transfers made by checks payable to GRRC in the total amount of $278,326.63, both...
MEMORANDUM JOAN N. FEENEY , Bankruptcy Judge . I. INTRODUCTION The matter before the Court is the Motion for Relief from the Automatic Stay filed 4 Millbrook Road, LLC ("Millbrook"). The issue presented by the Motion is whether Millbrook is entitled to file a civil action to seek, pursuant to Mass. Gen. Laws ch. 239, 4(c), reimbursement of costs it incurred in engaging a licensed and bonded mover to remove and store personal property of Kenneth Norton (the "Debtor") following his...
MEMORANDUM JOAN N. FEENEY , Bankruptcy Judge . I. INTRODUCTION The following matters are before the Court for determination: 1) the Trustee's Motion for Contempt Order and Related Sanctions against Robert Spenlinhauer (the "Debtor"), Erik Josephson ("Josephson") and Jackson Hole Classic Cars, LLC ("JHCC" or "Jackson Hole") for Defying Court Order (#1477) filed by Lynne F. Riley (the "Trustee") in the Debtor's case on June 5, 2018; 2 and 2) the Trustee's Motion for Contempt Order and...
MEMORANDUM OF DECISION REGARDING UNITED STATES TRUSTEE'S MOTION TO DISMISS CHRISTOPHER J. PANOS , Bankruptcy Judge . The United States Trustee, William K. Harrington (the "U.S. Trustee"), moves (i) to dismiss the chapter 7 case of the debtor, Adam R. Orlando (the "Debtor"), because his case is presumed to be an abuse of the provisions of chapter 7 pursuant to 11 U.S.C. 707(b)(1) and (2)(A)(i) 1 and (ii) to extend the time to object to discharge pursuant to 727 and file a motion to...
MEMORANDUM OF DECISION ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT FRANK J. BAILEY , Bankruptcy Judge . By his amended complaint in this adversary proceeding, the plaintiff and chapter 13 debtor, Jorge Quintao ("Quintao"), seeks damages against defendants Deutsche Bank National Trust Co., Homeward Residential, Inc., and Ocwen Loan Servicing, LLC (the "Defendants") for alleged violations of the automatic stay (two counts) and of his confirmed plan (one count). The adversary proceeding is...
