MEMORANDUM OF DECISION Elizabeth D. Katz , United States Bankruptcy Judge . Before the Court after trial is a complaint (the "Complaint") filed by the United States trustee (the "Trustee") against Homayoun Maali ("Maali") seeking fines, sanctions, and injunctive relief for repeatedly violating 110 of the United States Bankruptcy Code 1 and engaging in the unauthorized practice of law. In addition to statutory fines and penalties, the Trustee seeks an order permanently enjoining Maali...
MEMORANDUM OF DECISION ON DEBTOR'S OBJECTION TO PROOF OF CLAIM OF BAY VIEW LOAN SERVICING LLC [POC 1-1] FRANK J. BAILEY , Bankruptcy Judge . This chapter 11 case is before the Court on the objection of the debtor, 1098 Blue Hill Avenue, LLC (the "Debtor"), to the proof of claim filed in this case by Bayview Loan Servicing LLC, on behalf of its principal, Bayview Financial Trading Group, L.P. ("Bayview"). Bayview is the current holder of a first-position mortgage (the "Mortgage") on the...
MEMORANDUM OF DECISION FRANK J. BAILEY , Bankruptcy Judge . By his amended complaint in the above-captioned adversary proceedings, plaintiff and chapter 7 debtor Edward Papamechail ("the Debtor" or "Edward") seeks compensatory and punitive damages against the defendants under 11 U.S.C. 362(k)(1) for alleged violations of the automatic stay. After a trial, the Court now enters the following as its findings of fact and conclusions of law. I. Procedural History On January 5, 2017, the...
MEMORANDUM OF DECISION ON MOTION TO DISMISS OF CAPECAPITAL JEWEL, LLC MELVIN S. HOFFMAN , Bankruptcy Judge . I. Introduction In a thirty-count complaint, 1 Gary W. Cruickshank, the plaintiff and chapter 7 trustee of the bankruptcy estate of Blast Fitness Group, LLC ("BFG"), seeks damages and injunctive relief against forty named and dozens of unnamed defendants, including CapeCapital Jewel, LLC, 2 ("Cape Jewel") an Illinois limited liability company managed by defendant, Harold R....
ORDER ON DEFENDANTS MICHAEL MCGEE, DOUGLAS WEEKES, AND DAVID EATON'S MOTION TO DISMISS COUNTS I, IV, VII AND VIII OF THE COMPLAINT MELVIN S. HOFFMAN , Bankruptcy Judge . The motion of defendants Michael McGee, Douglas Weekes, and David Eaton (collectively, the "Moving Defendants") to dismiss the complaint in this adversary proceeding having come before me 1 , and after considering the parties' written submissions and the arguments of counsel presented at a hearing on April 8, 2019, I...
MEMORANDUM OF DECISION Frank J. Bailey , United States Bankruptcy Judge . By the sole remaining count in this adversary proceeding, the plaintiffs seek a determination that a judgment debt owed them by the defendant and chapter 13 debtor, Zaw M. Aung, is excepted from discharge in this bankruptcy case by operation of Bankruptcy Code 523(a)(2)(A). After a trial on this count, I now enter the following findings of fact and conclusions of law under Fed. R. Civ. P. 52(a)(1), made...
MEMORANDUM OF DECISION and ORDER Frank J. Bailey , United States Bankruptcy Judge . This adversary proceeding is before the Court on the defendant's motion to dismiss each of the complaint's four counts for failure to state a claim on which relief can be granted. Background Sandra Furrier (the "Debtor"), owns and resides in certain real property (the "Property") that she inherited from her now-deceased parents. When her father was alive, he encumbered the Property with a reverse...
