NOT FOR PUBLICATION ORDER ALLAN L. GROPPER, Bankruptcy Judge The claimant, Margaret Mayer (the "Claimant"), has moved to vacate this Court's order, dated September 14, 2010, expunging her bankruptcy claim (the "Motion"). The facts are not in dispute. On March 6, 2009, the Claimant filed a complaint in the Court of Common Pleas of Philadelphia County naming as defendants, among others, the Journal Register Company and Northeast News Cleaner, 1 and alleging that the defendants caused the...
MEMORANDUM DECISION AND ORDER DENYING DEFENDANT'S MOTION TO DISMISS BURTON R. LIFLAND, Bankruptcy Judge. Before this Court is the motion to dismiss (the "Motion") of Miri Chais seeking to dismiss the complaint (the "Complaint") of Irving H. Picard, Esq. (the "Trustee"), trustee for the substantively consolidated Securities Investor Protection Act ("SIPA") liquidation of Bernard L. Madoff Investment Securities LLC ("BLMIS") and Bernard L. Madoff ("Madoff") for lack of personal jurisdiction...
MEMORANDUM DECISION AND ORDER GRANTING TRUSTEE'S MOTION TO DISMISS DEFENDANTS' COUNTERCLAIMS BURTON R. LIFLAND, Bankruptcy Judge. Before the Court is the motion to dismiss (the "Motion to Dismiss") of plaintiff Irving H. Picard, Esq. (the "Trustee" or "Picard"), trustee for the substantively consolidated Securities Investor Protection Act 1 ("SIPA") liquidation of Bernard L. Madoff Investment Securities LLC ("BLMIS") and Bernard L. Madoff ("Madoff") seeking to dismiss the counterclaims...
MEMORANDUM DECISION GRANTING IN PART DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS AND GRANTING IN PART PLAINTIFFS' CROSS-MOTION FOR JUDGMENT ON THE PLEADINGS CECELIA MORRIS, Bankruptcy Judge. The Creditor filed a proof of claim for about $46 million, representing the amount owing at the time the case was commenced, plus an "acceleration indemnification" described in a mortgage (the "Acceleration Indemnification"), attorney fees and costs, and default interest. The MedMal Trust Monitor...
DECISION AND ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND DISMISSING COMPLAINT CECELIA MORRIS, Bankruptcy Judge. Debtor filed for relief under Chapter 13 on August 6, 2009. On Schedule A, which lists debtor's real property, Debtor indicated that he owned real property located at 4 Stissing Mountain Lane, Pine Plains, N.Y. in fee simple. ECF Docket No. 1. The current value of the real property is listed as $250,000 and the amount of the secured claim is listed as $278,400. Id....
MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS TO DISMISS TRUSTEE'S COMPLAINT BURTON R. LIFLAND, Bankruptcy Judge. Before this Court are the motions (the "Motions to Dismiss") of (1) J. Ezra Merkin ("Merkin") and Gabriel Capital Corporation ("GCC," and together with Merkin, the "Merkin Defendants"), and (2) Ariel Fund Limited ("Ariel") and Gabriel Capital, L.P. ("Gabriel," and together with Ariel, the "Fund Defendants" or the "Funds") (collectively,...
EXHIBIT A—MODIFIED BENCH MEMORANDUM AND ORDER GRANTING CHAPTER 15 PETITIONS OF FAIRFIELD SENTRY LIMITED, FAIRFIELD SIGMA LIMITED, AND FAIRFIELD LAMBDA LIMITED FOR RECOGNITION OF FOREIGN PROCEEDINGS BURTON R. LIFLAND, Bankruptcy Judge. Before the Court is the petition (the "Petition") 1 of Kenneth Krys and Christopher Stride (the "Petitioners" or "Liquidators"), Liquidators of Fairfield Sentry Limited ("Sentry") and Fairfield Sigma Limited ("Sigma"), and Mr. Stride as Liquidator of Fairfield...
