Chapter 7 DECISION AND ORDER GRANTING MOTIONS TO DISMISS AND DENYING DEBTOR'S MOTIONS TO AMEND Alan S. Trust , United States Bankruptcy Judge . As previously noted in this Court's Decision and Order Granting David A. Betron's Motion to Dismiss (the "Betron Decision"), this consolidated litigation is a very broad ranging, confusing and poorly framed lawsuit by debtor, Kenneth G. Moxey ("Debtor" or "Moxey"), regarding his loss of real property located at 245 South First Street, Brooklyn,...
Chapter 11 DECISION Robert E. Grossman, United States Bankruptcy Judge The Plaintiff, BC Liquidating, LLC ("Plaintiff" or "BC Liquidating"), is a limited liability company established by the Lenders' Third Amended Plan of Liquidation ("Plan") for the Debtor, BC Funding, LLC ("BCF"), confirmed by Order, dated January 22, 2013 ("Confirmation Order"). BC Liquidating's stated purpose is to liquidate and distribute assets of the bankruptcy estate, including certain causes of action, for the...
DECISION GRANTING MOTION TO DISMISS NANCY HERSHEY LORD, Bankruptcy Judge. Lake Charles Retail Development LLC (the "Debtor") owns and formerly operated a commercial shopping center located at 3507-3525 Derek Drive, Lake Charles, Louisiana (the "Property"). When the Debtor defaulted on its mortgage payments, the Fourteenth Judicial District Court for the Parish of Calcasieu, Louisiana (the "State Court") issued an Order for Executory Process in favor of LBUBS 2004-C8 Derek Drive, LLC ("Derek...
Chapter 13 DECISION CARLA E. CRAIG, United States Bankruptcy Judge This matter comes before the Court on motion of a secured creditor, Ms. Georgette Kodsi ("Ms. Kodsi" or "Creditor"), seeking, pursuant to 1307(c) and 362(d)(1), to dismiss the case of Taghrid Merhi (the "Debtor") or, alternatively, to vacate the automatic stay with respect to the Creditor's interest in real property located at 86 72nd Street, Brooklyn, New York 11209. 1 Because the Debtor has insufficient income to pay...
Chapter 11 MEMORANDUM DECISION Robert E. Grossman, United States Bankruptcy Judge Before the Court is the Debtors' motion objecting to the proofs of claim filed by ACE Investors, LLC ("ACE"), and seeking to disallow any claim by ACE for attorneys' fees and costs incurred post-petition. 1 The parties have stipulated that ACE is entitled to an allowed pre-petition claim in the amount of $3,464,365.13, less certain costs incurred by ACE attributable to expert witness fees. 2 They also have...
Chapter 13 DECISION CARLA E. CRAIG, Chief United States Bankruptcy Judge. This matter comes before the Court on cross motions for summary judgment in this adversary proceeding, which was commenced by Sperry Associates Federal Credit Union ("Sperry"), the junior lien holder with respect to the debtor's real property. Sperry seeks a declaratory judgment against U.S. Bank National Association, Mortgage Electronic Registration Systems, Inc., and JP Morgan Chase Bank, N.A. (collectively, the "...
Chapter 7 DECISION GRANTING IN PART AND DENYING IN PART MOTION FOR JUDGMENT ON THE PLEADINGS HONORABLE NANCY HERSHEY LORD, United States Bankruptcy Judge. Daniel Mirarchi (the "Plaintiff") initiated this adversary proceeding by filing a pro se complaint (the "Complaint"), against his former brother-in-law, 1 debtor/defendant Thomas Nofer (the "Debtor"), objecting to the dischargeability of three pre-petition judgment debts, pursuant to 11 U.S.C. 523(a)(4). The Debtor filed a motion...
Chapter 13 MEMORANDUM DECISION Robert E. Grossman, United States Bankruptcy Judge. Before the Court is a motion by the Debtors, Glen and Sharon Roberts, for an order (a) declaring that the net proceeds of approximately $122,000 from the sale of a house inherited more than 180 days post-petition are not property of the chapter 13 estate, and (b) modifying their chapter 13 plan to use a portion of the Sale Proceeds to pay the amount remaining due under the confirmed Plan (approximately $22,570)...
Chapter 7 DECISION AFTER TRIAL Robert E. Grossman, United States Bankruptcy Judge This matter is before the Court pursuant to an adversary proceeding commenced by Elliot Zaretsky, Harold Zaretsky, Shirley Zaretsky, and Maxi-Aids, Inc. (the "Plaintiffs") against Ahron Berlin (the "Debtor" or "Defendant") seeking a determination that prepetition awards in the aggregate sum of $1,290,000.00, plus interest and fees, against the Debtor based on default judgment at the summary judgment stage in a...
Chapter 7 DECISION AND ORDER ON TRUSTEE'S MOTION FOR SALE OF PROPERTY Alan S. Trust, United States Bankruptcy Judge Issues Before the Court Pending before the Court is the motion filed by Mark A. Pergament, chapter 7 trustee of the bankruptcy estate of the debtor, Nestor W. Payne, ("Debtor"), seeking to sell Debtor's residence, subject to all liens, claims and encumbrances, and to obtain an order forcibly evicting Debtor and his family from their residence (the "Motion"). Objections were...
Chapter 7 Memorandum Decision Robert E. Grossman, United States Bankruptcy Judge This matter is before the Court pursuant to a motion ("Motion") filed by Marc A. Pergament, the Chapter 7 trustee ("Trustee") in the case of Joseph Mannone ("Debtor") to approve the sale of the Debtor's home pursuant to 11 U.S.C. 363(b) to 78 State Property Management Inc. (the "Purchaser"). In the Motion, the Trustee seeks to (1) conduct a sale of the Debtor's home to the Purchaser, subject to existing...
Chapter 7 DECISION (Re: MOTION FOR SANCTIONS [DKT # 191] and MOTION TO BE RELIEVED AS COUNSEL [DKT # 197]) Hon. Robert E. Grossman, U.S.B.J. Before the Court is the motion ("Motion") by the Plaintiff, John Desiderio Sr. ("Desiderio"), seeking sanctions against the Defendant/Debtor, Sunil Parikh (the "Debtor"), the Debtor's wife, Meena Parikh ("Meena"), the Debtor's counsel, Marc Pergament, Esq. ("Pergament"), and his law firm Weinberg Gross & Pergament LLP ("WGP"), for their alleged bad...
