MEMORANDUM & ORDER NICHOLAS G. GARAUFIS , District Judge . On February 3, 2015, Plaintiff Jesus Santiago initiated this action against the City of New York (the "City") and certain unnamed New York City police officers (the "John Doe Defendants" or the "Officers") (collectively, the "Defendants") for violations of his civil rights pursuant to 42 U.S.C. 1983, 1985(3), and 1986, and related state tort law. (Compl. (Dkt. 1).) The City moved to dismiss the Complaint pursuant to Rule 12(c)...
DECISION AFTER HEARING CARLA E. CRAIG , Chief United States Bankruptcy Judge . These matters come before the court on the motion of secured creditor Meilitz, Inc. ("Meilitz") for relief from the automatic stay (the "Meilitz Motion"), and the motion of the NYCTL 1998-2 Trust and the Bank of New York Mellon as Collateral Agent and Custodian for the NYCTL 1998-2 Trust (the "Bank" and together with Meilitz, the "Creditors"), seeking relief from the automatic stay (the "Bank Motion" and...
DECISION CARLA E. CRAIG , Chief United States Bankruptcy Judge . In this adversary proceeding, the debtor, Adam Selbst (the "Debtor") seeks a determination that his federal tax liability for 2006 and 2007 is dischargeable. Before the Court are the parties' cross motions for summary judgment. The Debtor seeks a determination that he filed a tax return in compliance with applicable nonbankruptcy law for the 2006 and 2007 tax years, and that his tax debt for those years is therefore...
OPINION AND ORDER ON MOTION TO CORRECT NANCY HERSHEY LORD , Bankruptcy Judge . By motion dated August 23, 2016, ECF No. 179, Etienne Estates at Washington LLC ("the Debtor") has asked this Court to correct, pursuant to Federal Rule of Civil Procedure 60(a), 1 certain mathematical errors in its Decision on Objection to Claim and Plan Confirmation ("the Decision"), ECF No. 165. As set forth more fully below, the Court grants the Debtor's motion in part, and denies in part. BACKGROUND As...
MEMORANDUM DECISION Robert E. Grossman , United States Bankruptcy Judge . Before the Court is the motion of secured creditor, New York Liens, LLC RAI Custodian ("NY Liens"), to confirm that the automatic stay terminated in this case 30 days post-filing by operation of 11 U.S.C. 362(c)(3)(A). The Debtor does not dispute that 362(c)(3)(A) applies because she had a prior bankruptcy case pending within the year preceding the filing of the instant case which case was dismissed due to her...
MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT Louis A. Scarcella , United States Bankruptcy Judge . I. Introduction Plaintiffs Rocco and Josephine Marini bring this action against defendant Harold Adamo, Jr., the debtor in this chapter 7 case, to have their debt arising from a judgment entered in the United States District Court for the Eastern District of New York (the " District Court ") excepted from discharge under 11 U.S.C. 523(a)(2)(A), (a)(4)...
DECISION CARLA E. CRAIG , Chief United States Bankruptcy Judge . INTRODUCTION This matter comes before the Court on the Chapter 7 Trustee's motion to compel document production pursuant to the Court's April 28, 2016 order directing examination of Elie Hanono ("Hanono") and Elegant Jewelry NY Inc. ("Elegant Jewelry"), under Rule 2004 of the Federal Rules of Bankruptcy Procedure ("Bankruptcy Rules"). 1 Matthew C. Harrison, Trustee of the Chapter 7 estate (the "Trustee"), seeks discovery of...
MEMORANDUM DECISION Robert E. Grossman , United States Bankruptcy Judge . Before the Court is the Official Committee of Unsecured Creditors' ("Committee's") omnibus motion in limine ("Motion"). The Motion arises in anticipation of trial in an adversary proceeding brought by the Committee seeking, inter alia, to avoid certain transactions between Oak Rock Financial, LLC ("Debtor"), and Israel Discount Bank of New York ("IDB"), Bank Leumi USA, Bank Hampoalim B.M. and Capital One, N.A. (...
MEMORANDUM DECISION Robert E. Grossman , United States Bankruptcy Judge . In this adversary proceeding, the Trustee seeks turnover of a monetary bonus (the "Bonus") the Debtor received post-petition from her employer Goldman Sachs & Co. ("Goldman"). The facts are undisputed and each party seeks judgment in their favor as a matter of law under 11 U.S.C. 541(a), 727(a)(4)(A), 727(a)(2)(B), and 727(a)(4)(D); Fed. R. Civ. P. 56; Fed. R. Bankr. P. 7056. The Trustee argues that despite the...
DECISION ON SUMMARY JUDGMENT NANCY HERSHEY LORD , UNITED STATES BANKRUPTCY JUDGE . Plaintiff Gregory Messer ("Trustee"), Chapter 7 trustee of the estate of Xiang Yong Gao ("Gao" or "Debtor"), brought this adversary proceeding against Wei Chu ("Chu" or "Defendant") to recover two transfers purportedly made by the Debtor to Chu, for no consideration, at a time when the Debtor was a defendant in a state court action in Texas. On or around May 31, 2012, the Debtor sold a 5% interest he held ("...
DECISION ON SUMMARY JUDGMENT Nancy Hershey Lord , United States Bankruptcy Judge . Plaintiff, Gregory Messer ("Trustee"), Chapter 7 Trustee of the Estate of Xiang Yong Gao ("Gao" or "Debtor"), brought this adversary proceeding seeking to deny the Debtor a discharge pursuant to 727(a)(4)(A), 727 (a)(4)(D), 727(a)(3), and 727(a)(6)(C), and now moves for summary judgment on those claims. 1 The Trustee bases his claims on the assertion that the Debtor concealed the fact that he...
DECISION ON MOTIONS TO DISMISS NANCY HERSHEY LORD , Bankruptcy Judge . Plaintiff Buckskin Realty Inc. ("Buckskin"), as chapter 11 debtor-in-possession, brought this adversary proceeding seeking, inter alia, to vacate a state court foreclosure judgment and sale of two unimproved lots located in Greene County, New York, and retitle those lots to Buckskin's bankruptcy estate. The defendants are the Windmont Homeowners Association, Inc. (the "WHA"); Eva Halpern ("Halpern") and Cathy...
MEMORANDUM OPINION AND ORDER Louis A. Scarcella , United States Bankruptcy Judge . I. Introduction On April 28, 2014, plaintiff Marc A. Pergament (" plaintiff ") as chapter 7 trustee of the estate of Norman Thilman (" Debtor ") filed this action against the Debtor, Claudia Tracey (" Tracey "), Theresa Triolo (" Triolo "), Wells Fargo Bank, N.A. (" Wells Fargo "), and DE Capital Mortgage, LLC (" DE Capital ") to avoid and recover an alleged fraudulent transfer of an interest in real...
OPINION ON CLAIM OBJECTIONS CARLA E. CRAIG , Chief United States Bankruptcy Judge . INTRODUCTION This matter comes before the Court on the motion filed on behalf of the Estate of David Herz, deceased, objecting to the claims of Lexington Insurance Company ("Lexington"). Lexington is the holder of three judgments against Esther Herz, wife of David Herz. Lexington filed three claims in this case against David Herz based upon alleged fraudulent transfers from Esther Herz to David Herz....
DECISION CARLA E. CRAIG , United States Bankruptcy Judge . This matter comes before the Court on the chapter 7 trustee's motion for a default judgment against Eduard Yagudayev ("Yagudayev"). The trustee seeks a money judgment of $76,200 based upon the Court's prior order holding Yagudayev in civil contempt, and imposing daily fines until that contempt is purged. The trustee also seeks a judgment for an accounting of the diminished value of the assets of two corporations in which the estate...
DECISION AND ORDER GRANTING IN PART AND PERMISSIVELY ABSTAINING IN PART FROM QUALITY ONE WIRELESS' MOTION TO ENFORCE SALE ORDER, AND GRANTING IN PART GOLDIE GROUP MOTION FOR RELIEF FROM THE AUTOMATIC STAY Alan S. Trust , United States Bankruptcy Judge . Summary of dispute and ruling Pending before the Court are the following motions: (i) the Amended Fourth Omnibus Objection of the Liquidating Trustee to Modify or Disallow Certain Claims (the "Claim Objection") [dkt item 659]; (ii) the...
MEMORANDUM DECISION Robert E. Grossman , United States Bankruptcy Judge . Before the Court are the Chapter 7 Trustee's proposed distribution of funds and final applications for compensation in the matter of MCO Wash, Inc. (the "Debtor"). The Chapter 7 Trustee for the Debtor is Richard L. Stern (the "Trustee"). The Court previously entered orders retaining the Law Offices of Avrum J. Rosen, PLLC ("Rosen"), and the accounting firm of Citrin Cooperman & Company, LLP (the "Accountant") as the...
DECISION AFTER TRIAL (Re: First, Second, Fourth and Fifth Claims for Relief) Robert E. Grossman , United States Bankruptcy Judge . Before the Court is an adversary proceeding arising out of the chapter 11 bankruptcy case of East End Development, LLC ("Debtor"), an entity formed nearly ten years ago for the purpose of acquiring certain real property in Sag Harbor, N.Y. and developing it with luxury residential condominiums. The Defendant, Amalgamated Bank ("Defendant" or "Amalgamated"),...
DECISION AND ORDER GRANTING TRUSTEE'S MOTION TO STRIKE JURY DEMAND AND DENYING DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS Alan S. Trust , United States Bankruptcy Judge . This is an action commenced by the Plaintiff, Harold D. Jones, the chapter 7 trustee of the estate of Alice Phillips Belmonte (the "Trustee") against the Defendants, Craig A. Brand and The Brand Law Firm, P.A. (collectively, the "Defendants") to recover an alleged unauthorized post-petition transfer in the amount...
MEMORANDUM DECISION ON PLAINTIFF MR. GEORGILIS' MOTION TO RECONSIDER ELIZABETH S. STONG , Bankruptcy Judge . Introduction Before the Court is the motion of Steven Georgilis for reconsideration of the Court's order entered on November 6, 2015 (the "Remand Order"), remanding this adversary proceeding to the New York Supreme Court, Queens County. The matter to be decided by the Court is whether Mr. Georgilis has shown that the Court should reconsider and amend the Remand Order pursuant to...
