Diane Davis , United States Bankruptcy Judge . MEMORANDUM-DECISION AND ORDER This Memorandum-Decision and Order results from the undersigned's first foray into sixteen-year-old litigation beginning in 1999 between the parties and unrelated third parties involving several consolidated actions spanning multiple forums. The complex history of this epic battle between the parties has been painstakingly documented in prior decisions of this Court issued by the undersigned's predecessor 1...
MEMORANDUM-DECISION AND ORDER ROBERT E. LITTLEFIELD, Jr. , Bankruptcy Judge . Currently before the court is the motion for summary judgment filed by Curtis Lumber Co., Inc. (the "Plaintiff"). The Plaintiff commenced this adversary proceeding objecting to the dischargability of its debt pursuant to 11 U.S.C. 523(a)(4), 1 based upon the alleged misappropriation of trust funds in violation of Article 3-A of the New York Lien Law by Michael J. Waldron (the "Debtor" or "Defendant")....
MEMORANDUM-DECISION AND ORDER ROBERT E. LITTLEFIELD, Jr. , Bankruptcy Judge . INTRODUCTION The matter before the court is a motion for partial summary judgment filed by Veneshia Verna (hereinafter "Plaintiff") on the first count of her adversary complaint against U.S. Bank National Association (hereinafter "Defendant" or "US Bank"), which challenges the validity of Defendant's mortgage lien. The court's findings of fact and conclusions of law are set forth herein pursuant Federal Rule of...
MEMORANDUM-DECISION AND ORDER Honorable Diane Davis , United States Bankruptcy Judge . This contested matter is before the Court for decision upon motion of Clarkson University ("Clarkson") seeking entry of an order pursuant to 11 U.S.C. 105, 362(d)(1) and 363 and Federal Rules of Bankruptcy Procedure 4001 and 6004 modifying the automatic stay to enforce a post-petition state court judgment directing specific performance by James P. Engels ("Debtor"); to compel Debtor to comply with...
