MEMORANDUM-DECISION AND ORDER ROBERT E. LITTLEFIELD, JR. , Bankruptcy Judge . Before the Court is Laurie A. Todd's ("Debtor" or "Todd") First Amended Motion to Disallow, Reduce or Expunge Endurance American Insurance Company's ("Endurance") claim. 1 ("Motion" or "Motion to Disallow," ECF No. 297.) The Motion was argued on May 16, 2018 and January 9, 2019 and became fully submitted on August 14, 2019. The Court has jurisdiction pursuant to 28 U.S.C. 157(a), (b)(1), (b)(2)(A), (b)(2)(B),...
MEMORANDUM-DECISION AND ORDER ROBERT E. LITTLEFIELD, JR. , Bankruptcy Judge . Currently before the Court is the Chapter 7 Trustee's ("Trustee") objection to Laurie Todd's ("Debtor") exemptions claimed under Florida law pursuant to 11 U.S.C. 522(b)(3)(A). The Court has jurisdiction over this proceeding pursuant to 28 U.S.C. 157(a), (b)(1), and (b)(2). BACKGROUND AND PROCEDURAL HISTORY The Debtor commenced a chapter 11 case on May 20, 2015 ("Petition Date") by filing a voluntary...
MEMORANDUM-DECISION DIANE DAVIS , Bankruptcy Judge . I. Introduction This matter is before the Court on motions filed by the United States Trustee and Gary L. Philipson ("Philipson"), seeking conversion of the chapter 11 case to a case under chapter 7 pursuant to 11 U.S.C. 1112(b). 2 The United States Trustee filed its motion on July 30, 2019 (the "UST Motion," ECF No. 463). Herb Philipson's Army and Navy Stores, Inc. ("Debtor") filed an Objection on August 13, 2019 (ECF No. 475),...
Memorandum-Decision and Order MARGARET CANGILOS-RUIZ , Bankruptcy Judge . Plaintiffs Henry Hon and Michele Domres-Hon object to the discharge of Defendant-Debtor Walter Regan under 11 U.S.C. 727(a)(2)(A), (a)(2)(B), (a)(3), (a)(4)(A), (a)(4)(B), (a)(4)(C), and (a)(5). Plaintiffs allege standing to bring this action as creditors who assert a $273,500.00 unsecured claim for money purportedly lent to Debtor. Debtor objects to Plaintiffs' claim and seeks dismissal of the complaint, in part...
DECISION AND ORDER ROBERT E. LITTLEFIELD, JR. , Bankruptcy Judge . Stanley Lawrence DiStefano, Jr. ("DiStefano" or "Debtor") objects to Endurance American Insurance Company's ("Endurance" or "Creditor") claim. The Court held a hearing on the objection January 9, 2019 and took the matter under advisement on August 9, 2019. The Court has jurisdiction pursuant to 28 U.S.C. 157(a), (b)(1), (b)(2)(A), and (b)(2)(B). Endurance filed a claim for $1,769,317 flowing from an indemnification...
MEMORANDUM-DECISION AND ORDER Robert E. Littlefield, Jr. , United States Bankruptcy Judge . The current matters before the Court are objections by Endurance American Insurance Company ("Endurance" or "Creditor"), Douglas J. Wolinsky, Esq., Chapter 11 Trustee ("Trustee"), and Nancy Burbridge ("Burbridge") to an amended exemption claimed by Stanley Lawrence DiStefano, Jr. ("DiStefano" or "Debtor") regarding certain real property in Hawaii located at 68-1050 Mauna Lani Point Drive, Kamuela,...
Memorandum-Decision and Order Margaret Cangilos-Ruiz , United States Bankruptcy Judge . Timothy J. Shenk, Sr. ("Debtor") brought this adversary proceeding against U.S. Department of Education ("U.S. Dep't. Ed."), State of New York and State University of New York College at Cortland ("SUNY Cortland" and, together with State of New York, "State Defendants"). The initial complaint (Doc. 1) was procedurally defective and per court order, Debtor filed an amended complaint ("Complaint"). 1...
Memorandum-Decision and Order MARGARET CANGILOS-RUIZ , Bankruptcy Judge . Plaintiffs Lisbeth Hirschey, Urban C. Hirschey, and the estate of Lee T. Hirschey, by its fiduciary Deborah Bryant Hirschey, seek declaratory and injunctive relief declaring that Debtors Carthage Specialty Paperboard, Inc. and Carthage Acquisition, LLC have no interest in a $2,000,000 environmental escrow fund and directing U.S. Bank, N.A., as escrow agent to render an accounting and release the funds to Plaintiffs....
Order Modifying Restriction of Attorney Peter M. Hartnett's Right to Practice Before this Court Subject to Further Court Order Upon Attorney Application on or After November 7, 2019 Demonstrating Compliance with Stated Conditions MARGARET CANGILOS-RUIZ , Bankruptcy Judge . Before the court is Attorney Peter M. Hartnett's motion, supported by affirmation, seeking to (i) vacate this court's prior order of April 8, 2019 (Doc. 62) ("April 8 Order") and (ii) allow him to withdraw as counsel of...
Memorandum-Decision and Order Denying Debtors' Motion to Reopen MARGARET CANGILOS-RUIZ , Bankruptcy Judge . George W. Corkran ("Debtor") and Debra L. Corkran (jointly, "Debtors") filed a motion to reopen their chapter 7 case (Doc. 19) ("Motion"). The purpose of the Motion is to allow Debtors to amend their schedules and add an employment claim for back wages, which had been omitted as an asset in their original bankruptcy filing. Debtor's former employer, ORICS Industries, Inc. ("ORICS")...
