DECISION AND ORDER GRANTING MOTION TO DISMISS OF DLJ INVESTMENT PARTNERS III, L.P., DLJ INVESTMENT PARTNERS, L.P., AND IP III PLAN INVESTOR, L.P. Alan S. Trust , United States Bankruptcy Judge . Pending before the Court is the motion (the "Motion") filed by DLJ Investment Partners III, L.P., DLJ Investment Partners, L.P., and IP III Plan Investor, L.P. (collectively, "DLJ") seeking dismissal of several claims filed against them by Plaintiff, Devices Liquidation Trust ("Plaintiff"). For...
MEMORANDUM DECISION Robert E. Grossman , United States Bankruptcy Judge . Before the Court are cross-motions for summary judgment asking the Court to determine the priority, extent and enforceability of a recorded lien against substantially all of the assets of Oak Rock Financial, LLC (the "Debtor"). To resolve the issues raised in the cross-motions, the Court will be guided in large part by the Delaware Uniform Commercial Code ("UCC") sections which establish when liens are deemed...
DECISION DENYING MOTION TO DISMISS HONORABLE NANCY HERSHEY LORD , Bankruptcy Judge . A voluntary petition for relief, in the name of Herman Segal as debtor (the "Debtor"), filed on September 10, 2013, commenced this chapter 7 bankruptcy case. On January 30, 2014, the Debtor moved to dismiss the case. In his motion to dismiss (the "Motion to Dismiss"), the Debtor claimed that he neither signed the petition nor approved the filing. After considering the entire record, including testimony,...
MEMORANDUM DECISION AND ORDER Louis A. Scarcella , United States Bankruptcy Judge . Before the Court is a motion to resolve the disputed election of the permanent chapter 7 trustee for the bankruptcy estate of Gershon Barkany (" Barkany " or the " Debtor ") brought by 169 16 th Street, LLC, WL Metro Equity Holdings, LLC, L'Chayim Foundation, Inc., Law Offices of Allan Lebovits, P.C., and Ludvik & Eva Hilman Family Partnership, L.P. (collectively, the " Canadian Northern Creditors "). [ECF...
MEMORANDUM DECISION AND ORDER Louis A. Scarcella , United States Bankruptcy Judge . The matter before the Court raises the question of whether a permanent trustee elected under 11 U.S.C. 702 must be a disinterested person and, if so, whether the election candidate in this case, Mark A. Frankel, Esq., is disinterested. Having considered the submissions of the parties, the relevant law, and the record in this case, and for the reasons explained below, the Court concludes that (i) a...
DECISION ON SUMMARY JUDGMENT NANCY HERSHEY LORD , Bankruptcy Judge . 364 N.B.E Corp. (the "Debtor") initiated the instant adversary proceeding against defendants Edge Capital, LLC ("Edge") and JA Funding, Inc. ("J.A." and, together with Edge, the "Defendants") for a determination that a certain deed-in-lieu is the equivalent of a mortgage under New York Law, or alternatively, that the recordation of the deed-in-lieu by the Defendants constituted a constructive fraudulent conveyance,...
DECISION AND ORDER DENYING MOTION TO REOPEN ADVERSARY PROCEEDING AND DENYING STAY ALAN S. TRUST , Bankruptcy Judge . Issues presented and summary of ruling Pending before this Court is the motion of the former Debtor Sherwood L. Boyce ("SLB") and non-debtor Heather Boyce ("HB") (collectively, "Movants"), seeking to reopen this adversary proceeding after unsuccessfully litigating in a foreclosure action before the state courts of New York. Movants also seek a stay of the foreclosure...
DECISION CARLA E. CRAIG , Bankruptcy Judge . This matter comes before the court on the motion of 29 Brooklyn Avenue, LLC (the "Debtor") for a stay pending appeal of the order entered on August 21, 2015, requiring the Debtor to pay $72,449.55 to Stephen R. Chesley (the "Receiver"). Jurisdiction This Court has jurisdiction of this core proceeding pursuant to 28 U.S.C. 1334(b), and the Eastern District of New York standing order of reference dated August 28, 1986, as amended by order...
DECISION AND ORDER DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND GRANTING DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT Alan S. Trust , United States Bankruptcy Judge . Pending before the Court are the following: (I) the motion for summary judgment filed by Sheet Metal Workers' Pension Fund ("Pension Fund"), National Energy Management Institute Committee for the Sheet Metal and Air Conditioning Industry ("NEMIC"), Sheet Metal Occupational Health Institute Trust ("SMOHIT"),...
DECISION AND ORDER ROBERT E. GROSSMAN , Bankruptcy Judge . (Denying Debtor's Objection to Claim of BSI Mortgage V LLC and Request to Surcharge the Collateral for Expenses of Preservation of Collateral and for Loss of Rents—Docket No. #52) Before the Court is the Debtor's Objection to Claim of BSI Mortgage V LLC ("BSI") and Request to Surcharge the Collateral for Expenses of Preservation of Collateral and Surcharge of Rents [Docket No. 52] (the "Objection"). The Objection was opposed by...
DECISION CARLA CRAIG , Chief United States Bankruptcy Judge . This adversary proceeding was commenced by Gregory Messer, Esq., trustee for the estate of Nigel Collins (the "Trustee"), against Raquel Collins ("Collins") and School Data Corp. ("School Data" and collectively with Collins, "Defendants"). The Trustee seeks a judgment against Defendants on the basis of an alleged fraudulent scheme whereby Nigel Collins (the "Debtor") caused the assets of his closely-held company, Learning...
DECISION AFTER TRIAL ROBERT E. GROSSMAN , Bankruptcy Judge . This matter is before the Court pursuant to an adversary proceeding commenced by William and Martha Perillo (the "Plaintiffs") against Robert John Cassandro (the "Defendant") under 11 U.S.C. 523(a)(2)(A), (a)(4), (a)(6), and 727(a)(2)(A). At trial, pursuant to the Joint Pretrial Memorandum, the legal issues raised related solely to Count One of the complaint pursuant to 11 U.S.C. 523(a)(2)(A). As such, the Plaintiffs are...
MEMORANDUM DECISION Robert E. Grossman , United States Bankruptcy Judge . Before the Court are cross motions for summary judgment in this adversary proceeding for section 1328(a)(4) non-dischargeability. Relying on the doctrine of collateral estoppel, the Plaintiff argues that the debt in the form of a prepetition state court judgment for sexual harassment discrimination under the New York State Human Rights Law (the "NYSHRL"), New York Executive Law 290 et seq., and the New York City...
MEMORANDUM DECISION (Re: Motion to Avoid Second Mortgage Lien) ROBERT E. GROSSMAN , Bankruptcy Judge . Before the Court is a motion ("Motion") by Ahmad Hassan (the "Debtor") to avoid a second mortgage lien on his residence (the "Property"), pursuant to 11 U.S.C. 506(a) and (d) and 1322(b)(2), in order to treat the second mortgage claim as unsecured in the Debtor's Chapter 13 plan. Specialized Loan Servicing LLC ("SLS"), individually and as servicing agent for Bank of New York Mellon...
DECISION ON OBJECTION TO DEBTOR'S HOMESTEAD EXEMPTION NANCY HERSHEY LORD , UNITED STATES BANKRUPTCY JUDGE The chapter 7 debtor Annette Apergis (the "Debtor") claimed a $150,000 homestead exemption pursuant to 5206(a) of the New York Civil Practice Law and Rules (the "C.P.L.R."). Creditors Jeffery and Richard Siegel (the "Siegels") object to the Debtor's homestead exemption, arguing that she does not meet the requirements under 5206 because she did not intend to permanently reside...
MEMORANDUM OPINION GRANTING TRUSTEE'S MOTION FOR SUMMARY JUDGMENT Louis A. Scarcella , United States Bankruptcy Judge . Plaintiff R. Kenneth Barnard, as the chapter 7 trustee (the "Trustee") of the estate of Ideal Mortgage Bankers, LTD, a/k/a Lend America, a/k/a Consumers First Lending Key (the "Debtor"), filed a complaint (the "Complaint") against Helene DeCillis (the "Defendant") alleging that the Defendant (i) breached her fiduciary duties to the Debtor, and (ii) aided and abetted a...
DECISION AFTER TRIAL CARLA E. CRAIG , Chief United States Bankruptcy Judge . This decision resolves a dispute between 29 Brooklyn Avenue, LLC (the "Debtor"), a single asset real estate debtor which confirmed its 100% plan in February 2013, and Stephen Chesley ("Mr. Chesley" or the "Receiver"), a receiver appointed during foreclosure proceedings prior to the bankruptcy and superseded by the Debtor's bankruptcy filing, over approximately $80,000 in unpaid pre-petition expenses and...
DECISION CARLA E. CRAIG , Chief United States Bankruptcy Judge . This matter comes before the Court on the motion of John Desiderio (the "Plaintiff") for summary judgment denying Viki Devani (the "Debtor") a discharge pursuant to 11 U.S.C. 727(a)(3), (a)(4)(A), (a)(5), and (a)(6). 1 The uncontested facts establish that the Debtor "failed to keep or preserve any recorded information, including books, documents, records, and papers from which [his] financial condition or business...
DECISION AFTER TRIAL Hon. Robert E. Grossman , U.S.B.J. Before the Court is the issue of whether Cadles of Grassy Meadows II, L.L.C. ("Plaintiff"), has satisfied its evidentiary burden in seeking to deny the discharge of Jeffrey St. Clair ("Mr.St.Clair") and Cathleen St. Clair ("Ms.St.Clair") (collectively "Debtors"). Debtors were the subject of Rule 2004 subpoenas directing them to produce documents to Plaintiff and appear at an examination. Alleging that Debtors failed to comply with...
DECISION ON J.C. RYAN EBCO/H&G LLC'S MOTION: (A) TO REMAND AND GRANT RELIEF FROM THE AUTOMATIC STAY OR (B) TO ABSTAIN NANCY HERSHEY LORD , Bankruptcy Judge . The issues of remand and abstention presented to the Court arise out of a long history of state court litigation between the debtors, Patsy Fierro and Luigi Zucaro (together the "Debtors" and individually "Fierro" and "Zucaro" respectively), and creditor J.C. Ryan EBCO/H&G, LLC ("Ryan"). Ryan, as lead plaintiff in a class action...
