NOT FOR PUBLICATION MEMORANDUM DECISION ANDREW B. ALTENBURG, JR. , Bankruptcy Judge . The plaintiff, Joan Marie Tinsley ("Ms. Tinsley"), commenced this adversary proceeding against the U.S. Department of Education ("DOE") seeking to discharge her student loan debt under section 523(a)(8) of the Bankruptcy Code. After a full trial, and considering the submissions of the parties and evidence presented, the court finds Ms. Tinsley has not met her burden that she is entitled to an undue...
LETTER DECISION KATHRYN C. FERGUSON , Bankruptcy Judge . Candyce Smith-Sklar, Esquire Law Offices of Sklar Smith-Sklar 1901 North Olden Avenue, Suite 22 Ewing, New Jersey 08618 Vincent J. Massa III, Esquire Jones & Jones 45 Essex Street Hackensack, New Jersey 07601 Re: Jerzy Strak—Case No. 18-22185 Motion for Relief from Stay (Document #17) Hearing Date: September 12, 2018. Dear Counsel: On September 12, 2018, the court took oral argument on Spencer Savings Bank's motion for relief from...
MEMORANDUM DECISION ANDREW B. ALTENBURG, JR. , Bankruptcy Judge . Mr. Robert W. Knaak Lawrence P. Maher, Esq. 413 Pine Avenue Greenbaum, Rowe, Smith, Ravin, Davis Egg Harbor Twp, NJ 08234 Metro Corporate Campus One PO Box 5600 Woodbridge, NJ 07095-0988 RE: Knaak v. Wells Fargo Bank, N.A. Adv. Pro. No. 18-1533-ABA Dear Mr. Knaak and Mr. Maher: This matter was brought before the court on November 9, 2018 by defendant...
MEMORANDUM DECISION ANDREW B. ALTENBURG, JR. , Bankruptcy Judge . Before the court is reconsideration of an Application for Compensation (Doc. 40) ("Fee Application") filed by Jenny R. Ms. Kasen (hereinafter "Ms. Kasen"), who is counsel to the Chapter 13 Debtor, Christina M. Redington (hereinafter the "Debtor"). The court previously reduced Ms. Kasen's fee request 1 without properly affording Ms. Kasen the opportunity to respond to the court's concerns. The opportunity now having been...
DECISION AND ORDER REGARDING DEFENDANT'S MOTION TO DISMISS ADVERSARY COMPLAINT JOHN K. SHERWOOD , Bankruptcy Judge . The relief set forth on the following pages, numbered three (3) through fourteen (14), is hereby ORDERED. WHEREAS: 1. On May 21, 2018, Terry E. Miller and Nicaury Miller ( "Plaintiffs" ) filed this adversary proceeding against Federal National Mortgage Association ( "Defendant" ) seeking, among other things, a judgment against Defendant disallowing and expunging its...
OPINION VINCENT F. PAPALIA , Bankruptcy Judge . I. INTRODUCTION This matter is before the Court on the Motion (the "Motion") filed by the Debtor, Christine R. Coppola (the "Debtor"), to file a First Amended Complaint. Defendant Wells Fargo Bank, N.A. ("Wells Fargo" or the "Bank") has filed an Objection on the grounds that amendment would be futile, 1 and the Debtor, a Reply. 2 The Complaint arises from Debtor's contention that the Bank did not properly process or respond to Debtor'...
OPINION JERROLD N. POSLUSNY, JR. , Bankruptcy Judge . There are two motions before the Court. Plaintiff, Theresa Grabowski, filed a motion for default judgment against Debtor/Defendant, Heather Shepherd, for failure to plead (the "Default Motion," Dkt. No. 8). Thereafter, Defendant filed a cross-motion to vacate default judgment (the "Cross-Motion," Dkt. No. 9). Plaintiff filed a response to the Cross-Motion, arguing that she satisfied procedural due process by serving the summons and...
OPINION RELATED TO FEE APPLICATIONS JERROLD N. POSLUSNY, JR. , Bankruptcy Judge . Kasen & Kasen, P.C. (the "Law Firm") filed an interim fee application in each of the above cases (the "Fee Applications"). The Court expressed several concerns about the Fee Applications, including whether: (1) the Rule 2016(b) statements or the retainer agreements control the terms for the Law Firm's compensation; and (2) the fees requested are reasonable. The Law Firm argues that the retainer agreements...
ORDER SCHEDULNG CASE MANAGEMENT CONFERENCE] VINCENT F. PAPALIA , Bankruptcy Judge . The relief set forth on the following page(s), numbered two (2) is hereby ORDERED. Upon the Court entering the Order Appointing Chapter 11 Trustee on October 4, 2018 (docket entry 436) whereby the Court directed the appointment of a chapter 11 trustee, and the Acting United States Trustee filing the Notice of Appointment of Trustee on October 10, 2018 (docket entry 439) therein appointing Stephen V....
NOT FOR PUBLICATION OPINION JERROLD N. POSLUSNY, JR. , Bankruptcy Judge . This case comes to this Court on remand from the United States District Court for the District of New Jersey (the "District Court") for clarification with respect to this Court's Order dated June 26, 2017 (the "June 26 Order"), and related Opinion (the "Initial Opinion"). The June 26 Order denied the motion (the "Motion") of Great Northern Insurance Company ("Great Northern") for leave under the Barton Doctrine to...
NOT FOR PUBLICATION MEMORANDUM DECISION ANDREW B. ALTENBURG, JR. , Bankruptcy Judge . Debtor Soyong Suh seeks disallowance of the City of Philadelphia's $125,000 indemnification claim against her arising from a slip and fall case. The parties disagree whether the claim arose prepetition or postpetition and, if prepetition, whether this court should abstain from deciding whether Mrs. Suh and her husband, Charles Suh, are liable in indemnity to the City of Philadelphia. Mrs. Suh also...
MEMORANDUM DECISION Honorable Michael B. Kaplan , United States Bankruptcy Judge . Presently before the Court in this adversary proceeding are competing motions for summary judgment. The first is a motion for summary judgment (ECF No. 24) filed by Plaintiffs Frank and Josephine Coluccio ("Plaintiffs") seeking to deny discharge of a debt owed to them by Debtor John Sevastakis ("Debtor") under 11 U.S.C. 523(a)(2)(A). Debtor opposed the motion and filed a cross-motion (ECF No. 27) seeking...
NOT FOR PUBLICATION MEMORANDUM DECISION MICHAEL B. KAPLAN , Bankruptcy Judge . I. INTRODUCTION In this adversary proceeding, the State of New Jersey, Department of Labor & Workforce Development, Division of Unemployment and Disability Insurance, (referred to herein as "Plaintiff" or "the Division") seeks a determination that debts for unemployment benefit overpayments, penalties, and statutory interest owed by Jacquetta A. Gifford (the "Debtor" or "Defendant") are nondischargeable under...
TRIAL OPINION VINCENT F. PAPALIA , Bankruptcy Judge . I. INTRODUCTION This matter is before the Court following the trial on November 8, 2017 and November 15, 2017 on the remaining four counts of the seven-count Adversary Complaint (the "Complaint") filed by Chapter 7 Trustee Jay L. Lubetkin, Esq. (the "Trustee") to avoid a $200,000 mortgage (the "Mortgage") granted to defendant Quincy Wong ("Quincy") by the Debtor, 40 Lakeview Drive, LLC (the "Debtor"), with respect to the real...
NOT FOR PUBLICATION OPINION STACEY L. MEISEL , Bankruptcy Judge . INTRODUCTION Before the Court is creditor Internal Revenue Service's (" IRS ") Motion to Enforce the Chapter 11 Plan and Confirmation Order (" Motion to Enforce Plan and Confirmation Order "). The IRS contends that the priority and amount of its allowed secured tax claim was fixed in a Stipulation and Order Determining Liens and Priority on Ocean County Property (" Stipulation and Order ") between debtor Dominick...
OPINION JERROLD N. POSLUSNY, JR. , Bankruptcy Judge . Before the Court is a Motion to Dismiss (the "Motion") count two of the Amended Complaint, which is the count related to Apeksha C. Patel (the "Defendant"). Dkt. No. 13. The Amended Complaint filed by Dasharath Patel (the "Plaintiff") alleges that the Defendant's husband, Chirag Patel ("Chirag"), committed fraud against the Plaintiff and that Chirag's fraud should be imputed to the Defendant, such that her alleged debt to the Plaintiff...
NOT FOR PUBLICATION OPINION CHRISTINE M. GRAVELLE , Bankruptcy Judge . I. Introduction This matter comes before the Court by way of Defendant, Wells Fargo Bank, N.A.'s ("Wells Fargo") motion to dismiss the adversary complaint filed by Debtor/Plaintiff, Daniela Maria Rosa ("Rosa") for failure to state a claim. At issue is whether Wells Fargo violated the Real Estate Settlement Procedures Act, 12 U.S.C. 2601 et seq., ("RESPA") and Regulation X by failing to properly calculate Rosa'...
OPINION JERROLD N. POSLUSNY, JR. , Bankruptcy Judge . Before the Court is the Plaintiff's Motion to Strike portions of the Defendant's Amended Answer, which has arisen from the Plaintiff's Complaint to determine that the Plaintiff's claim is not dischargeable. The Motion to Strike alleges that the Amended Answer contains material that is irrelevant, nonresponsive and prejudicial. The Defendant argues that the allegations in his Amended Answer are necessary to establishing his Affirmative...
DECISION AND ORDER CONFIRMING DEBTORS' CHAPTER 13 PLAN JOHN K. SHERWOOD , Bankruptcy Judge . The relief set forth on the following pages, numbered two (2) through thirteen (13), is hereby ORDERED PRELIMINARY STATEMENT The Debtors proposed a Chapter 13 plan that excluded their Social Security income from the funding of the plan. The Chapter 13 Trustee objected, arguing that the plan was not proposed in good faith because of the exclusion of such income. The Court finds that the Debtors'...
ORDER GRANTING FIRST AND SECOND INTERIM FEE APPLICATIONS OF MERCADIEN, P.C., ACCOUNTANT TO COURT-APPOINTED EXAMINER FRANK A. PINA DOCKET NOS. 119 AND 135 VINCENT F. PAPALIA , Bankruptcy Judge . The relief set forth on the following page, numbered two (2), is hereby ORDERED . The Court having found that the person named below filed applications for allowances; and notice and opportunity for hearing were given to creditors and other parties in interest as required; and the Court having...
