OPINION Rosemary Gambardella , Bankruptcy Judge . MATTER BEFORE THE COURT Before the Court is a Motion filed by Ashland, Inc., International Specialty Products, Inc. ("ISP"), ISP Environmental Services, Inc. ("IES") (collectively "Ashland" or "Plaintiffs") to Remand a certain proceeding to the Superior Court of New Jersey, Law Division, Morris County. A Response in Opposition was filed by G-I Holdings, Inc. ("G-I"), Buildings Materials Corporation of America ("BMCA"), 1 and GAF...
NOT FOR PUBLICATION DECISION AND ORDER REGARDING REMAND OF SECOND MOTION FOR RECONSIDERATION JOHN K. SHERWOOD , Bankruptcy Judge . The relief set forth on the following pages, numbered two (2) through fifteen (15), is hereby ORDERED. INTRODUCTION 1. By its order and opinion dated October 13, 2016, the District Court reversed and remanded this Court's order denying Andre G. Wiggins and Sheila S. Bell-Wiggins's (" Plaintiffs ") second motion for reconsideration dated November 17, 2015....
MICHAEL B. KAPLAN , Bankruptcy Judge . Counsel: This matter comes before the Court on the Chapter 13 petition filed by the Debtor, Katherine F. Lee, in contemplation of approval of the Debtor's First Modified Chapter 13 Plan (the "Plan"). The Court has jurisdiction over this proceeding in accordance with 28 U.S.C. 157(a) and 1334; and this is a core proceeding pursuant to 28 U.S.C. 157(b)(2)(L). A secured creditor of the Debtor, Waterfall Victoria Grantor Trust II, Series G, through...
Jae H. Cho, Esquire Kyong Gavin Cho Legal Group LLC 218 Pomona Avenue 100 Plainfield Ave, Ste 8e Port Republic, NJ 08241 Edison, NJ 08817 RE: Gavin v. Abdon Adv. Pro. No. 16-1443-ABA MEMORANDUM DECISION Dear Mr. Cho and Ms. Gavin: PROCEDURAL HISTORY This matter was originally brought before the court on September 6, 2016 by Debtor/Defendant Kyong Abdon, through her motion to dismiss (Doc. No. 19) (the "Motion") the...
NOT FOR PUBLICATION OPINION JERROLD N. POSLUSNY, Jr. , Bankruptcy Judge . INTRODUCTION Before the Court are the following motions: (1) the Trustee's Motion to Further Amend Complaint and for Related Relief (the "Motion to Further Amend"); (2) Thomas J. Freund's Motion to Dismiss Pursuant to the Affidavit of Merit Statute (the "Motion to Dismiss"); and (3) the Trustee's Motion for Entry of Default Judgment against NAMT (the "Motion for Default"). For the reasons detailed below, all three...
NOT FOR PUBLICATION MEMORANDUM DECISION ANDREW B. ALTENBURG, Jr. , Bankruptcy Judge . Before the court is the adversary proceeding filed by plaintiffs John Sabatina and Lisa Sabatina objecting to discharge and dischargeability under sections 727(a)(3), (4) and 523(a)(2)(A) of title 11 of the United States Code (the "Bankruptcy Code"). The court finds that the Plaintiffs presented sufficient evidence necessary to meet their burden of proof under section 727(a)(3) and thus denies discharge....
AMENDED OPINION THE HONORABLE STACEY L. MEISEL , UNITED STATES BANKRUPTCY JUDGE . Before the Court are two pending motions in the In re Roper and Twardowsky, LLC bankruptcy case (Case No. 15-32878-SLM). 1 The first motion is the Motion of Charles M. Forman, Chapter 7 Trustee, to Approve Settlement with Gorman & Gorman LLC Pursuant to Federal Rule of Bankruptcy Procedure 9019 (the " Gorman Settlement Motion " or " Gorman Settlement "). (Docket No. 196). The second motion is the...
OPINION VINCENT F. PAPALIA , Bankruptcy Judge . I. INTRODUCTION These matters are before the Court on two motions filed by the Debtor. The first is for partial reconsideration of this Court's August 30, 2016 Opinion and Order as they relate to the Debtor's former interest in a certain commercial tenancy at 325 Broadway, Suite 200, New York, New York (the "Property") and the dismissal of this adversary proceeding (16-1380) (Dkt. No. 23) (the "Reconsideration Motion"). The second is for...
MEMORANDUM DECISION MICHAEL B. KAPLAN , Bankruptcy Judge . I. Introduction Before the Court is the summary judgment motion ("Motion") of Plaintiff, IDEA Boardwalk, LLC ("Plaintiff" or "IDEA") which seeks judgment as to Counts I, II, VI and VIII of its First Amended Adversary Complaint ("Complaint") against Polo North Country Club, Inc. ("Polo North"). 2 With regard to Counts I, II and VI of the Complaint, there is no dispute that this Court previously resolved the issues addressed in...
OPINION VINCENT F. PAPALIA , United States Bankruptcy Judge . I. INTRODUCTION This matter is before the Court on the trial of BMW Financial Services' (the "Plaintiff" or "BMW") Complaint objecting to the discharge of Reyvis D. Rivas (the "Debtor") under 727(a)(2), (a)(3) and (a)(5) of the Bankruptcy Code based primarily on the "disappearance" of a 2011 BMW X6 vehicle purchased by Debtor (the "Vehicle"). Debtor claims it was stolen; BMW claims its theft was orchestrated by the...
NOT FOR PUBLICATION JOHN K. SHERWOOD , Bankruptcy Judge . Kevin Steed ( "Steed" ), a former business partner of Robert L. Toone ( "Toone" ) and Stacy-Ann E. Toone (collectively, the "Debtors" ), has moved for dismissal of this bankruptcy case pursuant to 11 U.S.C. 707(a) and (b). Steed claims that the Debtors sought bankruptcy protection solely to frustrate litigation pending in the Superior Court of New Jersey, Chancery Division, Morris County ( "State Court" ) and that they have made...
NOT FOR PUBLICATION MEMORANDUM OPINION KATHRYN C. FERGUSON , Bankruptcy Judge . In April 2015, Alfred Giuliano, Chapter 7 Trustee for TransVantage Solutions, Inc., et al., 1 filed hundreds of preference and fraudulent transfer complaints against various defendants ("avoidance actions"). The court partially consolidated the avoidance actions to permit the defendants to file an Omnibus Motion to Dismiss covering common threshold issues. 2 The court also permitted defendants to file...
NOT FOR PUBLICATION STACEY L. MEISEL , Bankruptcy Judge . Dear Counsel: Before this Court are two contested matters: (i) a Motion for Entry of Judgment and Vacating of Settlement Term ("Motion to Vacate"), by and through The Law Offices of Bruce E. Baldinger ("Baldinger Firm"); and, (ii) a Cross-Motion For An Order Enforcing Settlement And Imposing Sanctions by Alena Singh 1 ("Ms. Singh"), by and through her counsel, David Edelberg, Esq., seeking sanctions and to enforce the...
LETTER DECISION Objection to Trustee's Final Report of No Distribution and Motion for Allowance and Payment of Priority Claim Hon. Christine M. Gravelle , United States Bankruptcy Judge . Dear Litigants: I. Introduction Packaging Systems, LLC ("Debtor") entered into a factoring and security agreement with Haborcove Financial, LLC ("Harborcove"), which provided for the sale of Debtor's accounts receivable to Haborcove. Debtor then filed for protection under Chapter 11 of the Code and...
NOT FOR PUBLICATION OPINION STACEY L. MEISEL , Bankruptcy Judge . Before the Court is a Motion to Dismiss Adversary Proceeding with Prejudice (Docket No. 55), filed by Defendant Arcola Sales & Service Corp. ("Arcola") by and through its counsel, Hartman & Anglim, LLC. Plaintiff, Steven P. Kartzman, Chapter 7 Trustee ("Trustee"), by and through his counsel, Mellinger Sanders & Kartzman, LLC, filed a letter brief in opposition to the Motion to Dismiss ("Opposition") (Docket No. 59)....
NOT FOR PUBLICATION MEMORANDUM DECISION ANDREW B. ALTENBURG, Jr. , Bankruptcy Judge . Before the court is the adversary proceeding filed by Plaintiffs Nancy Cella, as executrix of the Estate of John J. Gallagher, and Gigi Gallagher Rosenberger, objecting to discharge and dischargeability under sections 727(a) and 523(a) of title 11 of the United States Code (the "Bankruptcy Code"). Prior to trial, the court dismissed all claims against Defendant Pamela Gallagher, all of Ms. Cella's...
OPINION ROSEMARY GAMBARDELLA , Bankruptcy Judge . MATTER BEFORE THE COURT Before the Court is G-I Holdings, Inc., et al's ("G-I") Motion for Summary Judgment against the New York City Housing Authority ("NYCHA") on its Indemnity and Restitution Claims and NYCHA's Cross-Motion for Partial Summary Judgment as to Liability. A hearing was conducted on June 25, 2015, at which time the Court reserved decision. The following constitutes this Court's findings of fact and conclusions of law....
NOTICE OF JUDGMENT OR ORDER Pursuant to Fed. R. Bankr. P. 9022 JERROLD N. POSLUSNY, Jr. , Bankruptcy Judge . Please be advised that on August 25, 2016, the court entered the following judgment or order on the court's docket in the above-captioned case: Document Number: 23-1 Opinion Finding in Favor of Defendant with Respect to Counts I, II, III, and IV, and Dismissing Count V as Moot (related document:1 Complaint filed by Plaintiff Stephen Fogler, Plaintiff Marsha Fogler). Service of...
NOT FOR PUBLICATION OPINION JERROLD N. POSLUSNY, Jr. , Bankruptcy Judge . INTRODUCTION Before the Court is the adversary proceeding initiated by Stephen and Marsha Fogler ("Mr. Fogler" and "Mrs. Fogler" or, collectively, the "Foglers") against the Debtor, William Howard, III ("Howard"). The Foglers allege that, in connection with the failed construction of a home pool, Howard is liable for the following Counts: (I) nondischargeability pursuant to 523(a)(2)(A); (II) nondischargeability...
ORDER REFERRING ADVERSARY PROCEEDING TO DISTRICT COURT FOR CONSIDERATION OF ENTRY OF FINAL JUDGMENT AND ISSUING FINDINGS OF FACT AND CONCLUSSIONS OF LAW CHRISTINE M. GRAVELLE , Bankruptcy Judge . The relief set forth on the following pages numbered two (2) through six (6) is hereby ORDERED . This matter having been brought before the Court upon the motion of plaintiff, Phillips 66 Company ("Phillips 66") for entry of final judgment against defendants, 1 East Coast Fuel, Inc. ("East...
