NOT FOR PUBLICATION REPORT AND RECOMMENDATION TO THE UNITED STATES DISTRICT COURT, WDNY (SKRETNY, J.) MICHAEL J. KAPLAN , Bankruptcy Judge . In a Decision and Order dated August 24, 2015, Your Honor remanded this writer's earlier Report and Recommendation for further proceedings regarding two questions that were inadequately answered in that Report and Recommendation. Why shouldn't the PACA Trust "stand in the shoes" of Lenny Perry's Produce, Inc., (hereinafter "Lenny Perry's") so that...
DECISION AND ORDER DENYING THE CHAPTER 11 TRUSTEE'S MOTION FOR SUMMARY JUDGMENT, GRANTING THE DEFENDANTS' CROSS-MOTIONS FOR SUMMARY JUDGMENT AND DISMISSING THE COMPLAINT PAUL R. WARREN , United States Bankruptcy Judge . The Chapter 11 Trustee ("Trustee") has moved for summary judgment in this adversary proceeding. The Trustee requests entry of a declaratory judgment on each of the five counts in the complaint, determining that each of the consolidated notes and mortgages ("Consolidated...
NOT FOR PUBLICATION OPINION AND ORDER MICHAEL J. KAPLAN , Bankruptcy Judge . Although the October 23, 2015 submission on behalf of the Defendants misreads the Court's earlier decision ( 523 B.R. 406 ), 1 it does not rely solely on that misreading. Rather it goes on to make a winning argument — the 11 U.S.C. 365 argument. To recap, the issues that remain for decision in this adversary proceeding — apart from the counterclaims 2 — are (1) the enforceability of the Agreement by the...
DECISION AND ORDER DENYING DEBTOR'S MOTION TO REOPEN PAUL R. WARREN , Bankruptcy Judge . Nearly six years after his discharge was revoked 1 and over four years after his case closed, Michael Christensen ("Debtor") has moved to reopen his Chapter 7 case, under 11 U.S.C. 350(b) (ECF BK No. 55). It is the Debtor's stated intention, if this motion is granted, to then move to vacate this Court's Order revoking his discharge and to also move under 522(f) of the Code to remove a judgment...
