MEMORANDUM DECISION AND ORDER Louis A. Scarcella , United States Bankruptcy Judge . This matter is before the Court on the objection of the chapter 7 trustee, Robert L. Pryor Esq., to the homestead exemption claimed by the debtor in her residence located at 17 Laurelton Avenue, Lake Grove, New York ("Lake Grove Property") pursuant to 11 U.S.C. 522(b), 1 New York Debtor and Creditor Law 282, 2 and New York Civil Practice Law and Rules 5206, 3 and Bankruptcy Rule 4003(b)....
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW CARLA E. CRAIG , Bankruptcy Judge . This matter comes before the Court on the motions of Delaware North Islandia Properties, LLC aka Delaware North ("Delaware North"), the Incorporated Village of Islandia (the "Village"), the Board of Trustees of the Incorporated Village of Islandia (the "Board"), and Suffolk Regional Off-Track Betting Corporation ("Suffolk OTB"), seeking summary judgment in an action filed by Jennifer Tomasino, Kevin...
MEMORANDUM DECISION GRANTING RELIEF FROM STAY [Re: ECF No. 18] ROBERT E. GROSSMAN , Bankruptcy Judge . Before the Court is a motion for relief from the automatic stay pursuant to 11 U.S.C. 362(d)(1) and (d)(2) (the "Motion") by secured creditor, 195 Saint James Lender, LLC ("Saint James" or "Secured Creditor"). Saint James holds a first mortgage on the Debtor's, McWolle Development Corp. ("Debtor" or "McWolle"), real properties located at 195 Saint James Place, Brooklyn, New York ("...
ORDER DENYING MOTION FOR RECONSIDERATION OF 2004 ORDER ALAN S. TRUST , Bankruptcy Judge . General background 1 On November 9, 2015 (the "Petition Date"), Debtor filed a voluntary petition for relief under Chapter 11 of Title 11 of the United States Code (the "Bankruptcy Code"). On June 28, 2017, the Court converted her Chapter 11 to Chapter 7; at that time a chapter 7 trustee was appointed as further discussed below. In her bankruptcy schedules, Debtor listed interests in, inter alia,...
MEMORANDUM DECISION AFTER TRIAL HONORABLE ELIZABETH S. STONG , UNITED STATES BANKRUPTCY JUDGE . Introduction Before the Court is the amended complaint of plaintiff Alliance Shippers, Inc. ("Alliance") and the counterclaim of Jerry Choez in this adversary proceeding. Alliance seeks a determination that the debt that Mr. Choez initially owed to Alliance's predecessor-in-interest, Felix Produce Corp. ("Felix Produce"), and now owes to Alliance, is nondischargeable under Bankruptcy Code...
DECISION DENYING DEBTOR'S DISCHARGE CARLA E. CRAIG , Chief United States Bankruptcy Judge . Matthew Harrison, Jr. ("Plaintiff" or "Trustee") brought this adversary proceeding objecting to the discharge of Michael Mavashev (the "Debtor") pursuant to 11 U.S.C. 727(a). 1 This decision follows a trial held on the issue of whether the Debtor's discharge must be denied under 727(a)(3), because "the [D]ebtor has concealed, destroyed, mutilated, falsified, or failed to keep or preserve any...
MEMORANDUM OPINION AND ORDER ON MOTION TO COMPEL NANCY HERSHEY LORD , Bankruptcy Judge . Before the Court is the motion (the "Motion") of JJAM Capital LLC ("JJAM") to compel Etienne Estates at Washington LLC (the "Debtor") to comply with terms of the Debtor's confirmed Revised Third Amended Chapter 11 Plan of Reorganization (the "Plan"). Mot. to Compel, ECF No. 215; Plan, ECF No. 167; see Confirmation Order, ECF No. 209. At issue here is the portion of the Plan providing for the cure and...
DECISION DISMISSING THIRD CAUSE OF ACTION CARLA E. CRAIG , Chief United States Bankruptcy Judge . This matter comes before the Court on the joint motion of the Incorporated Village of Islandia (the "Village"), the Board of Trustees of the Incorporated Village of Islandia (the "Board"), Delaware North Islandia Properties, LLC aka Delaware North ("Delaware North"), and Suffolk Regional Off-Track Betting Corporation ("Suffolk OTB"), seeking to dismiss the third cause of action of a complaint...
DECISION AND ORDER GRANTING MOTIONS TO DISMISS NANCY HERSHEY LORD , Bankruptcy Judge . GSY Corp. ("GSY") and Tomer Dafna ("Dafna," and with GSY, the "Plaintiffs") each commenced an adversary proceeding against Jack Hazan, debtor and defendant herein (the "Debtor"), pursuant to 11 U.S.C. 523(a)(2)(A) and (a)(6), 1 seeking to exempt from discharge their respective debts. The Debtor filed motions, pursuant to Federal Rule of Civil Procedure 12(b)(6), to dismiss each complaint. GSY Mot. to...
MEMORANDUM DECISION ON MOTION FOR JUDGMENT ON THE PLEADINGS HONORABLE ELIZABETH S. STONG , UNITED STATES BANKRUPTCY JUDGE . Introduction Robert L. Geltzer, the Chapter 7 Trustee of the Estate of Estella Brizinova and Edward Soshkin, aka Eduard Soshkin (together, the "Debtors"), commenced this adversary proceeding by filing a complaint (the "Complaint"), against defendants Estella Brizinova and Edward Soshkin. The Trustee seeks to recover alleged estate property that, he asserts, the...
DECISION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT NANCY HERSHEY LORD , Bankruptcy Judge . Before the Court is the motion (the "Motion") of defendant Howard Hershkovich ("Hershkovich" or "Defendant") for summary judgment with respect to the sole claim asserted against him by plaintiffs (i) Isaac Mutzen ("Mutzen"), as a member of 16th Street Regency LLC; (ii) 16th Street Regency LLC (the "Debtor"); (iii) Isaac Mutzen, as a member of 198-210 16th St. LLC; 1 and (iv) 198-210 16th St. LLC...
DECISION DENYING MOTION TO RECONSIDER ORDER DENYING MOTION TO RENEW OBJECTION TO TRUSTEE'S FINAL REPORT CARLA E. CRAIG , Bankruptcy Judge . This matter comes before the Court on the motion to reconsider the Court's July 23, 2018 Order overruling an objection to the Trustee's Motion for the Entry of a Final Decree in these Chapter 11 Cases and denying a motion to renew objections to the Trustee's Final Report ("Second Motion to Reconsider"), filed by Sebastian Bongiovanni Jr. ("Bongiovanni...
MEMORANDUM DECISION AND ORDER ROBERT E. GROSSMAN , Bankruptcy Judge . Before the Court is the Plaintiff's motion for summary judgment [ECF No. 14] 1 , seeking to deny the Debtor's discharge pursuant to 11 U.S.C. 727(a)(2), (a)(3), (a)(4) and (a)(5). The Plaintiff, Gardiners Bay Landscape & Design, Inc. (" Plaintiff " or " Gardiners Bay "), argues that the discharge should be denied based on allegations that: the Debtor intentionally transferred and/or concealed assets of the Debtor's...
ORDER DENYING MOTION FOR RECONSIDERATION ALAN S. TRUST , Bankruptcy Judge . Background On December 4, 2017 (the "Petition Date"), CCS.Com.USA, Inc. ("Debtor") filed a voluntary petition for relief under Chapter 11 of Title 11 of the United States Code. On December 15, 2017, The Wheatley Harbor LLC ("Wheatley") filed a motion to dismiss Debtor's Chapter 11 bankruptcy case nunc pro tunc to the Petition Date ("Motion to Dismiss"). [dkt item 12] On February 6, 2018, Debtor filed its...
DECISION AFTER TRIAL NANCY HERSHEY LORD , Bankruptcy Judge . Before the Court is an adversary proceeding commenced by plaintiff Patricia Larsen ("Patricia") seeking a determination that her pre-petition judgment in the amount of $36,257.20 against her nephew, Lemar Larsen, the debtor and defendant herein (the "Debtor"), is nondischargeable pursuant to 11 U.S.C. 523(a)(4). 1 Patricia's judgment is based on an unpaid claim for funeral expenses against the estate of Howard Larsen, of which...
DECISION AND ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT Alan S. Trust , United States Bankruptcy Judge . By this adversary proceeding, plaintiff, Devices Liquidation Trust (the "Trust" or "Plaintiff"), seeks to recover $3,824,194.36 of alleged avoidable transfers (the "Transfers") from defendant, KMT Wireless, LLC d/b/a CynergyHitech ("KMT" or the "Defendant"). KMT seeks summary judgment on the Trust's preference claims based on an argument that it was a critical vendor of one...
DECISION DENYING MOTIONS FOR SANCTIONS CARLA E. CRAIG , Bankruptcy Judge . This matter comes before the Court on two motions of Robert L. Geltzer (the "Trustee" or "Geltzer"), as Chapter 7 Trustee of the estate of Man Kit Ng, to sanction Karamvir Dahiya and Dahiya Law Offices, LLC (collectively "Dahiya") pursuant to 11 U.S.C 105(a) and 28 U.S.C. 1927 (ECF Nos. 72 and 86) (the "Sanctions Motions"). 1 The Trustee seeks contempt and sanctions against Dahiya because of twelve statements...
DECISION AND ORDER GRANTING PARTIAL SUMMARY JUDGMENT AND DISMISSING ADVERSARY PROCEEDING ALAN S. TRUST , Bankruptcy Judge . Pending before the Court is the motion for partial summary judgment (the "Summary Judgment Motion") filed by Capital One, N.A. ("Capital One"). Capital One seeks summary judgment on the crossclaim filed by DL Rothberg & Associates, P.C. ("DLRA"). For the reasons stated below, the Summary Judgment Motion is granted, and because this Order resolves the remaining claims...
MEMORANDUM DECISION AND ORDER NANCY HERSHEY LORD , Bankruptcy Judge . Before the Court are two related motions. The first (the "Distribution Motion"), filed by secured creditor Wells Fargo Bank, N.A. ("Wells Fargo"), 1 seeks an order directing distribution of the proceeds from the sale of its collateral, a piece of real property owned by the debtors, Cynthia and Boysin Lorick (the "Debtors"), and located at 3126 Coney Island Avenue, Brooklyn, New York 11235 (the "Property"). ECF No. 191....
MEMORANDUM DECISION ON THE DEFENDANTS' MOTION TO COMPEL ARBITRATION HON. ELIZABETH S. STONG , UNITED STATES BANKRUPTCY JUDGE . Introduction Before the Court is a motion to compel arbitration by defendants Navient Solutions, LLC, Navient Credit Finance Corporation, and Sallie Mae, Inc. (the "Defendants"). The Defendants seek an order referring the parties to arbitration with respect to the claims set forth in Hilal Khalil Homaidan's complaint, and argue that the Federal Arbitration Act...
