NOT FOR PUBLICATION MEMORANDUM DECISION AND ORDER DENYING MOTION OF CHINA FISHERY GROUP LIMITED (CAYMAN) TO INTERVENE IN THE TRUSTEE'S HSBC ADVERSARY PROCEEDING JAMES L. GARRITY, JR. , Bankruptcy Judge . INTRODUCTION In this adversary proceeding, William A. Brandt, Jr., as the chapter 11 trustee (the "Trustee") of CFG Peru Investments Pte. Ltd. (Singapore) ("CFG Peru"), is seeking to recover damages from The Hongkong and Shanghai Banking Corporation Limited ("HSBC"), that CFG Peru...
MEMORANDUM OPINION AND ORDER GRANTING RECOGNITION OF A FOREIGN MAIN PROCEEDING MARTIN GLENN , UNITED STATES BANKRUPTCY JUDGE . R.M. Hermans, Ph.D., LL.M., M.Sc. ("Hermans" or "Foreign Representative"), filed chapter 15 petitions and asks the Court to recognize what is essentially an insurance company rehabilitation proceeding in Cura ao as a "foreign main proceeding" and to recognize him as the "foreign representative," both as defined in the Bankruptcy Code. (The "Petitions," ECF Doc. # 4....
POST-TRIAL MEMORANDUM OF DECISION SEAN H. LANE , Bankruptcy Judge . Before the Court are the merits of the above-captioned adversary proceeding commenced by Premier Capital, LLC ("Premier" or the "Plaintiff") against the debtor Anthony Gasson (the "Debtor" or the "Defendant"). The Plaintiff asserts that the Debtor should be denied a discharge of his debts under three provisions of the Bankruptcy Code: (1) Section 727(a)(2)(A) based on the Debtor's alleged transfer or concealment of his...
MEMORANDUM DECISION AND ORDER DENYING RECOGNITION OF FOREIGN PROCEEDING UNDER CHAPTER 15 OF THE BANKRUPTCY CODE SHELLEY C. CHAPMAN , UNITED STATES BANKRUPTCY JUDGE . This contested chapter 15 proceeding presents an issue that the Bankruptcy Code does not explicitly address and as to which there is scant case law: how to determine the "center of main interests" (the "COMI") of an individual debtor. Here, the debtor Natalia Pirogova (the "Debtor" or "Ms. Pirogova"), who was born in Belarus,...
NOT FOR PUBLICATION MODIFIED BENCH RULING ON (A) DEBTORS' OBJECTION TO PROOFS OF CLAIM NOS. 7639, 11037 AND 12520 FILED BY THE TRANSPORT WORKERS UNION OF AMERICA, AFL-CIO LOCAL 514 [ECF NO. 12975], 1 (B) DEBTORS' 194TH OMNIBUS OBJECTION TO CLAIMS (EMPLOYEE STOCK AND BENEFIT CLAIMS) [ECF NO. 13011], AND (C) DEBTORS' 189TH OMNIBUS OBJECTION TO CLAIMS (RETIREE BENEFIT CLAIMS) [ECF NO. 12910] (Confirmed) SEAN H. LANE , Bankruptcy Judge . Before the Court are the Debtors' objections to...
MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART CROSS-MOTIONS FOR SUMMARY JUDGMENT MARTIN GLENN UNITED STATES BANKRUPTCY JUDGE . The Chapter 7 Trustee, Robert L. Geltzer (the "Trustee"), seeks to recover as constructive fraudulent transfers amounts paid by the Chapter 7 co-debtors, Luba Pincus and Bruce Sterman (the "Debtors"), to or for the benefit of their two daughters, defendants Alexandra Sterman and Samantha Sterman (the "Defendants"), allegedly for college...
DECISION DENYING MOTION TO TRANSFER REMOVED ACTION AND GRANTING MOTION TO ABSTAIN AND REMAND Honorable Michael E. Wiles , United States Bankruptcy Judge . Access Global Capital LLC (" Access Global ") and Global Commodities Group, LLC (" Global Commodities, " and, together with Access Global, the " Debtors ") are debtors in chapter 11 cases that are pending in the United States Bankruptcy Court for the District of New Jersey. The Debtors also are defendants in a civil action that was...
NOT FOR PUBLICATION MEMORANDUM DECISION AND ORDER RESOLVING DEBTOR'S REQUEST FOR DOCUMENT DISCOVERY JAMES L. GARRITY, JR. , Bankruptcy Judge . Introduction In this adversary proceeding, Michael Grabis, the pro se chapter 7 debtor herein (the "Debtor"), is seeking a determination that his student loan indebtedness is not excepted from discharge under section 523(a)(8) of the Bankruptcy Code. The matter before the Court is the Debtor's request for leave to obtain document discovery...
NOT FOR PUBLICATION MEMORANDUM DECISION AND ORDER RESOLVING DEBTOR'S MOTION TO AMEND CAPTION JAMES L. GARRITY, JR. , Bankruptcy Judge . Michael Grabis is the chapter 7 debtor in this no-asset chapter 7 case (the "Debtor"). In July 2013, he reopened this case to bring an adversary proceeding to discharge his student loan debt. In December 2015, he commenced this action for that purpose by filing a complaint (which he has amended several times). The matter before the Court is the Debtor's...
MEMORANDUM DECISION AND ORDER DENYING PLAINTIFF-DEBTOR'S REQUEST TO VACATE ORDER DISMISSING THE DEPARTMENT OF EDUCATION JAMES L. GARRITY, JR. , Bankruptcy Judge . Michael Grabis, the pro se debtor herein (the "Debtor"), commenced this adversary proceeding seeking a determination that his student loan indebtedness is not excepted from discharge under section 523(a)(8) of the Bankruptcy Code, 11 U.S.C. 523(a)(8). With leave of the Court, the Debtor has amended his complaint several...
NOT FOR PUBLICATION MEMORANDUM OPINION GRANTING DEBTORS' MOTION FOR ORDER AUTHORIZING IMPLEMENTATION OF KEY EXECUTIVE INCENTIVE PLAN MARTIN GLENN , Bankruptcy Judge . Aralez Pharmaceuticals US Inc. and its affiliates (collectively, "Debtors" move the Court for an order authorizing the implementation of a key executive incentive plan ("KEIP")f. ("KEIP Motion," ECF Doc. # 253.) 2 The Unsecured Creditors Committee ("Committee") opposes approval of the KEIP. ("Opposition," ECF Doc. # 259.)...
MEMORANDUM OPINION AND ORDER GRANTING MOTION TO DISMISS MARY KAY VYSKOCIL , UNITED STATES BANKRUPTCY JUDGE . Shay Rosen (" Rosen " or " Plaintiff ") commenced this action (the " Adversary Proceeding ") seeking a declaratory judgment that Chowaiki & Co. Fine Art Ltd. (the " Gallery " or " Debtor "), acting through one of its principals, Ezra Chowaiki (" Chowaiki "), fraudulently induced Rosen to transfer $230,000 (the " Wired Funds ") to the Gallery's bank account pre-petition. See First...
MEMORANDUM DECISION AND ORDER DENYING DISCHARGE OF DEBTOR'S STUDENT LOAN DEBT MARY KAY VYSKOCIL , UNITED STATES BANKRUPTCY JUDGE . Rafael Lozada (" Lozada " or " Plaintiff ") commenced this action, pursuant to 11 U.S.C. 528(a)(8) and Federal Rule of Bankruptcy Procedure 7001(6), seeking a judgment declaring that it is an undue hardship for Mr. Lozada to repay the student loan debts he owes to Educational Credit Management Corporation (" Defendant " or " ECMC ") and the debts are...
DECISION REGARDING MOTION TO ENFORCE DISCHARGE INJUNCTION WITH RESPECT TO NEW YORK STATE COURT JUDGMENT MICHAEL E. WILES , UNITED STATES BANKRUPTCY JUDGE . Boaz Bagbag (the "Debtor" ) is the debtor in a chapter 7 case that has been reopened for the limited purpose of considering the motion that is the subject of this decision. The Debtor contends that the discharge injunction that he received in this chapter 7 case renders void ab initio a judgment entered against the Debtor in a New...
DECISION GRANTING MOTION FOR JUDGMENT ON PARTIAL FINDINGS AND DISMISSING THE INVOLUNTARY BANKRUPTCY PETITION MARY KAY VYSKOCIL , UNITED STATES BANKRUPTCY JUDGE . This dispute concerns an involuntary chapter 11 petition filed against Taberna Preferred Funding IV, Ltd., a structured finance entity known as a collateralized debt obligation (commonly referred to as a "CDO"), that issued several series of notes, which descend in priority (" Taberna "). The involuntary petition was filed by...
DECISION GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AGAINST ALPHONSE "BUDDY" FLETCHER MARY KAY VYSKOCIL , UNITED STATES BANKRUPTCY JUDGE : The Chapter 11 Trustee has moved for Summary Judgment on some, but not all, of its claims against Defendant Alphonse "Buddy" Fletcher [ECF No. 207]. In support of her Summary Judgment Motion, the Trustee filed a memorandum of law [ECF No. 210] and the declarations of Geoffrey Varga (the "Varga Dec'l.") [ECF No. 208] and Gerard DiConza (the "...
MEMORANDUM DECISION AND ORDER DENYING UNIVERSAL AMERICAN MORTGAGE COMPANY, LLC'S AND EAGLE MORTGAGE HOLDINGS, LLC'S JOINT SUPPLEMENTAL MOTION TO DISMISS ON UNIQUE ISSUES SHELLEY C. CHAPMAN , UNITED STATES BANKRUPTCY JUDGE . Before the Court is the Joint Supplemental Motion to Dismiss on Unique Issues filed by Universal American Mortgage Company, LLC ("UAMC") and Eagle Mortgage Holdings, LLC ("Eagle" and, together with UAMC, the "Defendants"), dated June 15, 2017 [Dkt. No. 453] 1 (the "...
NOT FOR PUBLICATION MEMORANDUM DECISION AND ORDER ON MOTION OF CHEOL MIN KIM AND ASPEN MARKET PLACE, CORP., FOR SUMMARY JUDGMENT DISMISSING ALL CLAIMS AGAINST THEM, PURSUANT TO FEDERAL RULE OF BANKRUPTCY PROCEDURE 7056 JAMES L. GARRITY, JR. , Bankruptcy Judge . INTRODUCTION Basic Food Group LLC, the debtor herein ("Basic Food" or the "Debtor"), and its sole members, Jae Ho Lee ("Lee") and his wife, Soyoun Park ("Park"), are the plaintiffs (the "Plaintiffs") in this adversary proceeding....
NOT FOR PUBLICATION MEMORANDUM DECISION AND ORDER GRANTING JOINT MOTION OF NOAH BANK AND EDWARD SHIN, FOR SUMMARY JUDGMENT DISMISSING ALL CLAIMS AGAINST THEM, PURSUANT TO FEDERAL RULE OF BANKRUPTCY PROCEDURE 7056 JAMES L. GARRITY, JR. , Bankruptcy Judge . INTRODUCTION In 2013, Jae Ho Lee ("Lee") purchased 100% of the membership units in Basic Food Group LLC, the debtor herein (the "Debtor" or "Basic Food"), from Cheol Min Kim ("Kim"). At that time, Basic Food's principal asset was a...
MEMORANDUM DECISION GRANTING IN PART AND DENYING IN PART FCA US LLC'S MOTION TO ENFORCE THE SALE ORDER STUART M. BERNSTEIN , United States Bankruptcy Judge . This case, which arises out of a fatal motor vehicle accident, involves the clash between Alabama law, which limits the recovery in wrongful death actions to punitive damages, and the terms of a Court-approved section 363 sale, which excludes the defendant's liability for punitive damages. FCA US LLC f/k/a/ Chrysler Group LLC ("New...
