MEMORANDUM DECISION ROBERT E. GROSSMAN, Bankruptcy Judge. This matter is before the Court pursuant to an adversary proceeding filed by Douglas R. Orkwis and Barbara E. Orkwis (the "Debtors" or the "Plaintiffs") against MERS as Nominee for Countrywide Home Loans, Inc., and Bank of America, as Servicer (collectively, the "Defendant") seeking to avoid as wholly unsecured the Defendant's second mortgage lien encumbering the Debtors' residence (the "Property"). The Defendant defaulted in the...
MEMORANDUM OPINION GRANTING MOTIONS FOR RELIEF FROM STAY ALAN S. TRUST, Bankruptcy Judge. Issues Before the Court and Summary of Ruling Pending before the Court are motions seeking relief from the automatic stay which touch upon issues that have been the subject of numerous recent federal and state court decisions regarding who has the right to seek to foreclose against residential property, particularly following the collapse of the sub-prime mortgage market. Each case 1 here presents a...
MEMORANDUM DECISION ROBERT E. GROSSMAN, Bankruptcy Judge. Before the Court is a motion for summary judgment ("Motion") by the Plaintiff, Indo-Mediterranean Commodities, Ltd. ("IMUK" or the "Plaintiff"), seeking the entry of judgment that the debt owed to it by the Debtor-defendant, John Thomas Wisell (the "Debtor") is non-dischargeable under 11 U.S.C. 523(a)(2)(A), (a)(4) and (a)(6). The Plaintiff argues that by giving as it must full force and effect to the findings of the Supreme Court...
MEMORANDUM DECISION ON OBJECTION TO CLAIM ELIZABETH S. STONG, Bankruptcy Judge. South Side House, LLC, the Debtor in this Chapter 11 bankruptcy case, seeks the entry of an order modifying the claim of its principal creditor, U.S. Bank National Association, as successor-in-interest to Bank of America, N.A., as Trustee for the registered holders of J.P. Morgan Chase Commercial Mortgage Securities Trust 2007-LDP11 Commercial Mortgage Pass-Through Certificates, Series 2007-LDP11 (the "Lender")....
DECISION AND ORDER ON MOTION TO AVOID JUDICIAL LIENS ALAN S. TRUST, Bankruptcy Judge. Pending before this Court is a motion filed by Thomas C. Heaney ("Debtor") seeking to avoid various judicial liens on the Debtor's interest in certain real property, pursuant to Section 522(f) of the Bankruptcy Code (the "Motion"). 1 [dkt item 20] The Motion was filed by notice of presentment. On March 28, 2011, the day after objections were due, the Court reviewed the Motion, and directed Debtor to...
MEMORANDUM DECISION AND ORDER DOROTHY T. EISENBERG, Bankruptcy Judge Before the Court are the Defendants' motion for summary judgment 1 and the Trustee's cross-motion for summary judgment (collectively, the "Summary Judgment Motions"). The instant adversary proceeding was commenced by the Trustee on October 28, 2010 against the Debtor, Maria Diaz, and her mother, Neilida Torro (collectively, the "Defendants"). The Trustee asserts thirteen causes of actions against the Defendants arising...
DECISION CARLA E. CRAIG, Chief Judge. This matter comes before the Court on the motion of Australian Open Realty LLC ("Australian Open"), Kensington Land Services, Inc. ("Kensington"), Joshua Funding Corp. ("Joshua Funding," and with Australian Open and Kensington, the "Corporate Defendants"), Danny Siony aka Rahim Siuny Kalimi ("Danny"), and Shirin Kalimi aka Shirin Siouny ("Shirin," and together with the Corporate Defendants and Danny, the "Movants"), seeking a stay of this adversary...
DECISION AFTER TRIAL ROBERT E. GROSSMAN, Bankruptcy Judge. Before the Court is an adversary proceeding commenced by Kenneth Kirschenbaum (the "Trustee" or "Plaintiff"), the chapter 7 trustee of the debtor, The Robert Plan of New York Corp. (the "RPNY"), seeking to avoid and recover transfers from the Debtor to the defendants, Leeds Morelli & Brown P.C. ("LMB") and Nancy Isserlis ("Isserlis") pursuant to 11 U.S.C. 547(b) and 550. 1 In the complaint, dated April 21, 2010 ("Complaint"), the...
MEMORANDUM DECISION ROBERT E. GROSSMAN, Bankruptcy Judge. Before the Court is a motion ("Motion") brought by the debtor, Linda J. Mortensen (the "Debtor"), to reopen her Chapter 7 bankruptcy case for the purpose of filing a lease assumption agreement (the "Assumption Agreement") with Ford Motor Credit Corporation ("Ford"). The unopposed Motion is brought pursuant to 11 U.S.C. 350(b) and 365(p). For the reasons detailed herein, the Debtor's Motion is granted. In a recent decision of this...
