Chapter 7 DECISION AFTER TRIAL Robert E. Grossman, United States Bankruptcy Judge In this adversary proceeding, Damon Giglio (the "Plaintiff") seeks a determination that Bridget Nisivoccia (the "Debtor" or the "Defendant") obtained money from the Plaintiff by false pretenses, false representations and actual fraud, giving rise to a non-dischargeable debt pursuant to 11 U.S.C. 523(a)(2)(A) and (a)(2)(B). The debt the Plaintiff seeks to have deemed non-dischargeable is in connection with...
Chapter 7 MEMORANDUM DECISION DENYING THE DEBTOR'S DISCHARGE Robert E. Grossman, United States Bankruptcy Judge. This matter is before the Court pursuant to an adversary proceeding commenced by Rockstone Capital, LLC (the "Plaintiff") against Keith Bub (the "Debtor" or the "Defendant") seeking to deny the Debtor's discharge pursuant to 11 U.S.C. 727(a)(4)(A). The Plaintiff, which is the Debtor's largest creditor, has attempted without success to collect on a prepetition judgment against...
Chapter 7 MEMORANDUM DECISION Robert E. Grossman, U.S.B.J. Before the Court is a motion (the "Motion") by Rockstone Capital LLC ("Rockstone") seeking to disallow claim #1 (the "Claim") filed by Alisa Metal ("Alisa"), the ex-wife of Keith Bub (the "Debtor"), as a priority claim for a domestic support obligation ("DSO"). The Motion has been joined in part by the chapter 7 trustee (the "Trustee"), who seeks to have the Claim reclassified from a priority claim to an unsecured claim, and to have...
DECISION AFTER TRIAL The Honorable Robert E. Grossman, United States Bankruptcy Judge Before the Court is the issue of whether the Plaintiffs, Ms. Lisa Ng ("Ms. Ng") and a Hong Kong corporation of which she was the principal, Charming Trading Company ("Charming Trading"), have proven by a preponderance of the evidence four objections to discharge against Defendant Stewart Adler (the "Debtor" or "Defendant"), the principal and alter ego of five Corporations: J.U.N.K. Jeanswear Corporation ("J....
Chapter 11 DECISION CARLA E. CRAIG, Chief United States Bankruptcy Judge. This matter comes before the Court on the motion of David J. Doyaga (the "Trustee"), the chapter 11 trustee of American Medical Utilization Management Corporation (the "Debtor"), to hold C. Steve Okenwa, Esq. ("Mr. Okenwa") and C. Steve Okenwa, P.C. (the "Okenwa Firm," and together with Mr. Okenwa, the "Respondents") in contempt for violating the automatic stay imposed under 11 U.S.C. 362(a) 1 by restraining funds...
Chapter 13 MEMORANDUM DECISION Robert E. Grossman, United States Bankruptcy Judge Before the Court are two motions. First, these chapter 13 debtors ("Debtors") seek an order approving a loan modification which would reduce their monthly mortgage payment, including escrows, from $3,570.00 to $2,599.94, resulting in a $970 decrease in their monthly mortgage obligation. Second, in response to the Debtors' proposed loan modification, the chapter 13 trustee ("Trustee") moves under section 1329(a)...
DECISION AND ORDER GRANTING DEFENDANT JUDGMENT ON TRUSTEE'S ACTION TO RECOVER A PREPETITION TAX PAYMENT AS A PREFERENCE ALAN S. TRUST, Bankruptcy Judge. Pending before the Court is a complaint under which the plaintiff, Robert L. Pryor, Chapter 7 trustee of the bankruptcy estate of the above named debtors (the "Trustee"), seeks to avoid and recover a $7,067.00 prepetition transfer by the debtors to the defendant, New York State, Department of Taxation and Finance ("NYS"), in payment of the...
Memorandum Decision ROBERT E. GROSSMAN, Bankruptcy Judge. Before the Court is a motion ("Motion") by 21 West Water Street Holdings, Inc. ("21 West") to dismiss the Chapter 11 petition filed by East End Development LLC (the "Debtor"). 21 West, a fifty percent interest holder of the Debtor, claims that MM Sag Harbor LLC ("MM Sag Harbor"), acting as the managing member of the Debtor, lacked the requisite authority to file a petition in bankruptcy without the consent of 21 West, and in the...
MEMORANDUM OPINION AUTHORIZING ADDITIONAL RELIEF PURSUANT TO 11 U.S.C. 1521 ALAN S. TRUST, Bankruptcy Judge. Pending before this Court is the general request of the duly appointed foreign representatives in these four Chapter 15 cases for additional relief pursuant to 11 U.S.C. 1521(a) 1 , including the right to seek turnover of estate assets and records under 542 and 543, authority to conduct discovery, and entrustment with the administration and realization of estate assets. For the...
DECISION CARLA CRAIG, Chief Judge. Richard Pu ("Plaintiff") brought this adversary proceeding objecting to the discharge of George Mitsopoulos (the "debtor") pursuant to 727(a) of Title 11, U.S.C. (the "Bankruptcy Code"). 1 This decision follows a trial held on the issue of whether the debtor's discharge must be denied under 727(a)(3) based upon the debtor's failure to keep or preserve recorded information relating to his business, a pharmacy which closed during the year before he filed...
MEMORANDUM DECISION ROBERT E. GROSSMAN, Bankruptcy Judge. Before the Court are cross motions for summary judgment by the Plaintiff, Mary Rocco ("Plaintiff"), and the Debtor-Defendant ("Debtor"), Jeffrey L. Goldberg, in this adversary proceeding seeking a determination of dischargeability pursuant to section 523(a)(6) of the Bankruptcy Code. The Plaintiff and the Debtor each recognize that the critical issue before the Court is whether the Debtor's pre-petition conduct which gave rise to the...
MEMORANDUM DECISION ROBERT E. GROSSMAN, Bankruptcy Judge. I. INTRODUCTION The matter before the Court is pursuant to the complaint filed by Richard L. Stern (the "Plaintiff"), the Chapter 7 Trustee of the estate of Debra J. Asher (the "Debtor"). The Defendants are Deutsche Bank National Trust Company ("DBNTC"), in its capacity as trustee for the Soundview Home Loan Trust 2005-OPT3 Asset Backed Certificates, Series 2005-OPT3 (the "Soundview Trust"), and Homeward Residential, Inc. ("...
