NOT FOR PUBLICATION LETTER OPINION ORIGINAL FILED WITH THE CLERK OF THE COURT DONALD H. STECKROTH, Bankruptcy Judge. Dear Counsel: Before the Court is a motion by Basil Pandolfelli ("Defendant"), pursuant to Federal Rules of Civil Procedure 60(b)(1) and (6), to vacate a default judgment entered against him in the instant adversary proceeding in favor of The Provident Bank ("Provident"). Provident argues that the Defendant has failed to satisfy the requirements for vacatur under either...
OPINION RAYMOND T. LYONS, Bankruptcy Judge. I. INTRODUCTION Plaintiff, David Collier, seeks a determination of non-dischargeability of debts arising from a series of loans made by him to Debtor, Rudolph Maximilian Goepp, over the course of roughly four years. During most of that time Debtor served as Plaintiff's attorney-in-fact under a power of attorney. The court finds that Debtor never intended to repay these loans, making them non-dischargeable under the fraud exception of 11 U.S.C....
NOT FOR PUBLICATION MEMORANDUM DECISION MICHAEL B. KAPLAN, Bankruptcy Judge I. INTRODUCTION This matter is before the Court by way of a Motion for Relief from the Automatic Stay filed by Peter J. Broege, Esq. on behalf of unsecured creditor Mark C. McGowan ("Mr. McGowan"), the Debtor Nancy Lynn McGowan's former husband ("Debtor"). Mr. McGowan seeks stay relief to return to state court and request modification of a Qualified Domestic Relations Order ("QDRO") on the grounds that "changed...
NOT FOR PUBLICATION OPINION MICHAEL B. KAPLAN, Bankruptcy Judge I. INTRODUCTION This matter comes before the Court in relation to a Chapter 11 bankruptcy petition filed by the Debtor, Route 70 & Massachusetts LLC. Debtor, as Plaintiff, filed a Complaint against Defendant, The Bank ("Defendant"), seeking, inter alia, to avoid, as a fraudulent transfer, a mortgage granted from Debtor to The Bank. Presently before the Court are cross-motions, filed by Plaintiff and Defendant, seeking partial...
OPINION RAYMOND T. LYONS, Bankruptcy Judge. I. INTRODUCTION Defendant, Mark McGuire, moves to vacate the default that was entered against him on May 14, 2010. Because the Verified Application he filed in support of his motion contains arguments of both fact and law in contravention of D.N.J. L. CIV. R. 7.2(a), the court may disregard the legal argument. In addition, the factual matters in the Verified Application are not stated in the first person by Mr. McGuire, but in the third person....
OPINION MICHAEL B. KAPLAN, Bankruptcy Judge. I. INTRODUCTION This matter comes before the Court by way of a Motion filed by Debtor, Ocean Place Development, LLC ("Debtor" and/or "Ocean Place") for a final order approving the use of cash collateral. AFP 104 Corp. ("AFP" and/or "Lender"), the secured lender, objects to Debtor's Motion and additionally requests that this Court dismiss the Debtor's bankruptcy case for cause, including bad faith, or, alternatively, vacate the automatic stay. AFP...
Not for Publication MEMORANDUM OPINION GLORIA M. BURNS, Bankruptcy Judge. I. PRELIMINARY STATEMENT On October 21, 2009, Fleischer, Fleischer, & Suglia ("Fleischer") filed a motion to determine the extent and validity of statutory attorney liens and to determine Fleischer's other obligations and responsibilities (the "Fleischer Motion"). Linda McMackin, the Chapter 7 Trustee filed a cross-motion to determine the extent and validity of the alleged statutory attorney liens (the "Statutory...
NOT FOR PUBLICATION LETTER OPINION ORIGINAL FILED WITH THE CLERK OF THE COURT DONALD H. STECKROTH, Bankruptcy Judge Dear Counsel: Before the Court is a motion by the Defendant, Bruce Jacobson ("Defendant"), to vacate a default judgment entered against him on January 26, 2010. Gary S. Jacobson, the Chapter 7 Trustee ("Trustee"), opposes the motion on the basis that it was not timely filed and that the Defendant fails to meet the standards for vacatur as set forth in Federal Rule of Civil...
NOT FOR PUBLICATION MEMORANDUM OPINION GLORIA M. BURNS, Bankruptcy Judge I. INTRODUCTION 1 Before the Court are Motions for Directed Verdict Filed by Stephen D. Samost, on behalf of Laurel Pines, LLC ("Laurel"), Medford Village East Associates, LLC ("MVE"), Stephen D. Samost ("Samost" and collectively with Laurel and MVE, the "MVE Litigants"), U.S. Home Corp., d/b/a Lennar Homes ("Lennar") and Cubellis, Inc. ("Cubellis" and collectively with MVE Litigants and Lennar, the "Movants"),...
