LETTER-DECISION AND ORDER DIANE DAVIS , Bankruptcy Judge . I. Introduction Before the Court in these jointly administered cases is the application of Upstate Service Group, LLC ("Upstate") filed on November 28, 2017 (the "Application," ECF No. 296), for entry of an order under 11 U.S.C. 503(b) allowing, as an administrative expense, its claim for monies loaned to Folts Home ("Folts") and Folts Adult Home, LLC ("FAH") immediately prior to their commencement of these chapter 11 cases. 1...
MEMORANDUM-DECISION AND ORDER DIANE DAVIS , Bankruptcy Judge . I. Introduction Before the Court is the objection filed by chapter 7 trustee, Randy J. Schaal, Esq. ("Trustee"), on January 5, 2018 (the "Objection," ECF No. 44), to the homestead exemption claimed by debtor, Patricia Morse ("Debtor"), in relation to her residence located at 129 Van Tassel Lane, Rome, New York (the "Property"). Under New York Civil Practice Law and Rules ("NY CPLR") 5206(a), made applicable here by virtue...
MEMORANDUM-DECISION AND ORDER ROBERT E. LITTLEFIELD, JR. , Bankruptcy Judge . The matter before the Court is a Motion for Summary Judgment filed by the Chapter 7 Trustee. The Court has jurisdiction over this core matter pursuant to 28 U.S.C. 157(a), (b)(1), and (b)(2). FACTS The Debtor, New York Light Energy, LLC, developed and installed solar arrays in New York and Massachusetts. (Case No. 15-11121, ECF No. 7.) The Defendant, Gross Electric, performed electrical work related to the...
MEMORANDUM-DECISION AND ORDER Honorable Diane Davis , United States Bankruptcy Judge . I. Introduction The pro se plaintiffs, Dr. Deepika Reddy and Dr. Pratap Reddy (collectively, "Plaintiffs"), commenced this adversary proceeding against the debtor-defendant, Dr. Igor Melnik ("Debtor"), in order to prevent Debtor from discharging the debt he owes to them in his chapter 7 bankruptcy case. 1 Specifically, on May 1, 2017, Plaintiffs filed an adversary complaint setting forth causes...
MEMORANDUM—DECISION AND ORDER ROBERT E. LITTLEFIELD, JR. , Bankruptcy Judge . Currently before the Court is the Estate of Elena Duke Benedict's (the "Estate") motion to dismiss the Debtor's case for bad faith. The Court has jurisdiction over this proceeding pursuant to 28 U.S.C. 157(a), (b)(1), and (b)(2). FACTS AND PROCEDURAL HISTORY At the outset, this Court agrees with the Westchester County Surrogate (Scarpino, S.) when he described this dispute as a "Shakespearean tragedy." (ECF...
Memorandum-Decision and Order Margaret Cangilos-Ruiz , United States Bankruptcy Judge . Konstantinos Ioannis Katsiroumbas ("Debtor") filed a chapter 7 bankruptcy case on December 28, 2016. Frank H. Suits, Jr. ("Plaintiff") holds two money judgments against Debtor, totaling $407,775.23. Plaintiff alleges that (i) Debtor's list of assets on his schedules A and B are false; (ii) Debtor has failed to keep sufficient records from which his financial condition can be determined; (iii) Debtor has...
MEMORANDUM-DECISION AND ORDER DIANE DAVIS , Bankruptcy Judge . I. Introduction Patricia A. Morse ("Debtor") filed a chapter 7 bankruptcy petition on October 4, 2017. On January 8, 2018, Robert F. Rossi, as Executor of the Estate of Alberta M. Rossi ("Plaintiff"), initiated this adversary proceeding by filing a complaint against Debtor seeking to except Plaintiff's debt from Debtor's discharge under 11 U.S.C. 523(a)(2)(A), (a)(4), and (a)(6) (the "Complaint," ECF Adv. No. 1). 1 On...
MEMORANDUM-DECISION AND ORDER DIANE DAVIS , Bankruptcy Judge . Plaintiff NBT Bank, National Association ("NBT") commenced this adversary proceeding on January 29, 2016, as a senior secured creditor of Debtor-Defendant MWD-Liquidation, formerly known as Millers Wood Development Corporation ("MWD"). Defendant County of Oneida ("Oneida County") filed the instant motion on October 3, 2017, seeking summary judgment pursuant to Rule 56(a) of the Federal Rules of Civil Procedure ("Fed. R.Civ.P")...
Memorandum-Decision and Order Margaret Cangilos-Ruiz , United States Bankruptcy Judge . This bankruptcy case was reopened to allow Plaintiff/Debtor Julia A. Biegler to bring this adversary proceeding which seeks a declaration of dischargeability of her student loans pursuant to the 1995 version of 11 U.S.C. 523(a)(8)(A) that was in effect at the time the bankruptcy case was filed. 1 Educational Credit Management Corporation ("ECMC") answered, asserting that the Debtor's loans were...
Memorandum-Decision and Order MARGARET CANGILOS-RUIZ , Bankruptcy Judge . Plaintiffs Jeffrey E. Barber, Jean B. Barber, Emily J. Barber, Paul T. Barber and Bethany A. Barber (the "Barbers") and Straight Line LLC ("Straight Line") seek a declaration of nondischargeability regarding their claims against Debtor/Defendant Adam M. Madigan on grounds of fraud and willful and malicious injury pursuant to 11 U.S.C. 523(a)(2) and (a)(6). 1 Debtor answered in general denial. 2 The court...
MEMORANDUM-DECISION AND ORDER Robert E. Littlefield, Jr. , United States Bankruptcy Judge . Currently before the Court is Endurance American Insurance Company's ("Endurance") Motion to Reconsider and/or Vacate the Dismissal Order, Convert to Chapter 7, and to hold the Debtor in Contempt (the "Motion"). The Court has jurisdiction over this proceeding pursuant to 28 U.S.C. 157(a), (b)(1), and (b)(2). PROCEDURAL HISTORY AND FACTS The Debtor filed a voluntary chapter 13 petition on April...
MEMORANDUM-DECISION AND ORDER DIANE DAVIS , Bankruptcy Judge . I. Introduction Pending before the Court is the March 8, 2018 motion of Debtor, Magnale Farms, LLC ("Debtor"), seeking entry of an order granting a stay pending appeal of this Court's February 14, 2018 order granting National Union Bank of Kinderhook ("Kinderhook") relief from the automatic stay (the "Motion," ECF No. 78). On February 8, 2018, the Court issued a Letter-Decision and Order granting Kinderhook relief from the...
MEMORANDUM-DECISION AND ORDER Robert E. Littlefield, Jr. , United States Bankruptcy Judge . Currently before the Court is Endurance American Insurance Company's ("Endurance") objection to the exemption claimed by Laurie A. Todd ("Debtor") in an inherited individual retirement account (the "inherited IRA"). The Court has jurisdiction over this proceeding pursuant to 28 U.S.C. 157(a), (b)(1), and (b)(2). FACTS AND PROCEDURAL HISTORY Inherited Individual Retirement Account 1 Janet R....
