MEMORANDUM OPINION 1 The Honorable Jeffery A. Deller , United States Bankruptcy Judge . This adversary proceeding is the latest installment of an ongoing feud between Park Restoration, LLC (" Park Restoration ") and the Trustees of Conneaut Lake Park, Inc. (" TCLP "). Because the claims or causes of action asserted by Park Restoration herein fail as a matter of law, an order shall be entered that dismisses Park Restoration's Second Amended Complaint, ECF No. 5 (the " Amended...
MEMORANDUM OPINION 1 Jeffery A. Deller , United States Bankruptcy Judge . Samir Hadeed, M.D. and Johnstown Heart and Vascular Center, Inc. (collectively, the " Movants ") have moved to dismiss the above captioned bankruptcy case. Among the reasons averred for dismissal is the contention that this chapter 11 filing is an ultra vires filing due to lack of consent by the owners of the "Majority Interest" of the units in the Debtor (which is a limited liability company). 2 The United...
MEMORANDUM OPINION JEFFERY A. DELLER , United States Bankruptcy Judge . The matter before the Court concerns the interpretation of a post-petition financing order previously entered by the Court. This order was entered with the consent of the Debtor (Somerset Regional Water Resources, LLC), the Debtor's sole member (Mr. Larry Mostoller), and the Debtor's post-petition lender (Somerset Trust Company). This Court has jurisdiction to interpret and enforce its prior orders. See Travelers...
MEMORANDUM OPINION Related to Dkt. Nos. 52, 75. GREGORY L. TADDONIO , Bankruptcy Judge . Pinnacle Land Group, LLC ("Pinnacle") obtained a loan from Wilmington's predecessor, pledging its assets as collateral, but Wilmington now believes it was hoodwinked. It claims that Pinnacle was created to obscure the true owners of the real estate assets, Michael Staaf ("Staaf") and his mother, Joann Jenkins ("Jenkins"), by temporarily transferring their interests to an entity controlled by a third-...
MEMORANDUM OPINION Related to ECF Nos. 75, 76, and 77 JEFFERY A. DELLER , Chief Bankruptcy Judge . This adversary proceeding should be relatively straight forward. That is, the Plaintiffs — Mr. & Mrs Morris — filed proofs of claims emanating from certain judgments entered in both the New York state and federal courts (the " Claims ") and arising out of wrongful conduct of the Defendant. That wrongful conduct has been described by the Plaintiffs as constituting, among other things,...
MEMORANDUM OPINION GREGORY L. TADDONIO , UNITED STATES BANKRUPTCY JUDGE . Sue Reagan, a chapter 7 debtor, seeks to discharge her student loans despite enrolling in an income-based repayment plan ("IBR Plan") that reduced her monthly payments to $0. The Educational Credit Management Corp. ("ECMC") — a seasoned veteran of this line of litigation — says this should stop her at the summary-judgment stage. It argues Reagan has not pled sufficient facts to show she cannot maintain a minimal...
MEMORANDUM OPINION JEFFERY A. DELLER , Chief Bankruptcy Judge . It is clear and convincing that the above captioned Chapter 11 case is not making any meaningful progress towards a successful reorganization. In fact, the undisputed record of this case is that while the debtor has been a debtor-in-possession, it 1. Has no business operations; 2. Has no meaningful income; 3. Is liquidating as opposed to reorganizing; 4. Has incurred administrative expenses in the form of professional...
MEMORANDUM OPINION Related to ECF#'s 59, 60 & 65 JEFFERY A. DELLER , Bankruptcy Judge . On June 5, 2018, the above captioned debtor filed a Motion to Reopen Chapter 7 Case (the " Motion to Re-Open "), whereby the debtor sought to have this bankruptcy case re-opened in order to file and prosecute a motion to avoid a lien. The Motion to Re-Open was met with a response in the nature of an objection by the debtor's former counsel (who is the creditor asserting the putative lien) and by a...
MEMORANDUM OPINION Related to ECF No. 170 JEFFERY A. DELLER , Chief Bankruptcy Judge . On June 25, 2018, Mr. Daniel Morris and Mrs. Lucille Morris filed a Motion entitled, in part, Motion of Creditors & Adversary Defendants Daniel Peter Morris & Lucille Aiosa Morris (" Morrises ") that Morrises's NYS Judgment of Proof of Claim 11-1 Is a Restitution Order of a Criminal Court and that the Automatic Stay [. . .] Does Not Apply [. . .] and other Miscellaneous Relief (ECF No. 170,...
Related to ECF No. 170 MEMORANDUM OPINION Jeffery A. Deller , Chief U.S. Bankruptcy Judge . On June 25, 2018, Mr. Daniel Morris and Mrs. Lucille Morris filed a Motion entitled, in part, Motion of Creditors & Adversary Defendants Daniel Peter Morris & Lucille Aiosa Morris (" Morrises ") that Morrises's NYS Judgment of Proof of Claim 11-1 Is a Restitution Order of a Criminal Court and that the Automatic Stay [...] Does Not Apply [...] and other Miscellaneous Relief (ECF No. 170,...
MEMORANDUM OPINION 1 Related to ECF Nos. 7 & 32. JEFFERY A. DELLER , Bankruptcy Judge . The matter before the Court is the Defendants' " Second Motion [. . .] to Dismiss the Complaint" (the " Second Motion "). This adversary proceeding is a preference action pursuant to 11 U.S.C. 547. The gist of the complaint is that Defendants allegedly recorded certain judgment liens or attachment liens during the 90 day preference period, and the Plaintiff alleges that such transfers are...
MEMORANDUM OPINION 1 Related to ECF Nos. 50 and 53. JEFFERY A. DELLER , Bankruptcy Judge . Before the Court is the defendant's Motion to Dismiss Adversary Proceeding (the " Motion to Dismiss "). The Motion to Dismiss asserts that the Plaintiffs' adversary complaint should be dismissed because it is not "clear and concise" as required by Fed.R.Bankr.P. 7008 (which incorporates Fed.R.Civ.P. 8). The Motion to Dismiss further avers that, pursuant to Fed.R.Bankr.P. 7019 (which...
MEMORANDUM OPINION 1 Related to ECF No. 573 JEFFERY A. DELLER , Bankruptcy Judge . The Trustees of Conneaut Lake Park, Inc. (" TCLP ") filed a motion styled as a Motion for Order (A) Enforcing the Discharge Injunction; and (B) Imposing Sanctions for Civil Contempt of the Court's Plan Confirmation Order (the " Motion to Enforce "). See ECF No. 573. A general principal of law is that "only the court which issues an injunction has the authority to enforce it." Warren v. Wells Fargo...
MEMORANDUM OPINION Carlota M. Bohm , United States Bankruptcy Judge . The above-captioned adversary proceeding was commenced by Flabeg Solar US Corporation ("Debtor") on July 30, 2015. Within Debtor's Amended Adversary Complaint ("Amended Complaint," Doc. No. 49), Debtor alleges that David Busby and American International Development, LLC ("Defendants") took possession of Debtor's property without payment. 1 The Amended Complaint seeks recovery on the basis of unjust enrichment and...
MEMORANDUM OPINION GREGORY L. TADDONIO , UNITED STATES BANKRUPTCY JUDGE . Richard and Lorraine Butko ("Debtors") occupy a residential property owned by Ronald Ciccozzi and located at 120 Heather Dr. in Monaca, Pennsylvania ("Property"). 1 After battling for years over their respective rights to the Property, the parties' acrimonious dispute landed here when the Butkos commenced their bankruptcy case. The Court hoped to dispel the tension through mediation, but despite their successful...
MEMORANDUM OPINION Related to ECF#'s 1 and 46 JEFFERY A. DELLER , Bankruptcy Judge . This alleged voluntary case was commenced by the above captioned debtor, Advanced Vascular Resources of Johnstown, LLC, (the "Debtor") on November 21, 2017. The Movants set forth above have moved to dismiss (the "Motion to Dismiss") the instant bankruptcy due to, inter alia, the fact that this voluntary case was commenced without the requisite action or authority of the Debtor's equity holders. From...
MEMORANDUM OPINION JEFFERY A. DELLER , Chief United States Bankruptcy Judge . The matter before the Court is Plaintiff's Motion for Summary Judgment ("MFSJ"). Maurice A. Nernberg & Associates ("Plaintiff") commenced the above-captioned adversary proceeding by filing its Adversarial Claim for Fraud Against Petitioner Lawrence W. Modena, Sr. Pursuant to 11 USCS 523(a)(2) ("Complaint") against Debtor, Lawrence W. Modena, Sr. Pursuant to the Complaint, Plaintiff seeks a determination of...
Related to Dkt. No. 166 MEMORANDUM OPINION GREGORY L. TADDONIO , UNITED STATES BANKRUPTCY JUDGE . A chapter 7 trustee was nearly arrested on criminal charges for conducting a site inspection on property of the bankruptcy estate. The police and district attorney pursued the charges after receiving a complaint from Prasad Margabandhu, the owner of the chapter 7 debtor, Maya Restaurants, Inc. ("Maya"), identifying Rosemary Crawford as the perpetrator of a criminal trespass and burglary. But...
MEMORANDUM OPINION Related to Doc. Nos. 381 & 389. CARLOTA M. B HM , Bankruptcy Judge . The matter before the Court is the Motion to Stay Pending Appeal (the "Motion") (Doc. No. 381) filed pro se by Prasad Bandhu ("Bandhu"), purportedly on behalf of himself, PDS Hotspot Corp., Glassport Hotspot LLC and Bandhu Bros Inc. (collectively the "Parties"). In response to the Motion, Lisa M. Swope, Chapter 7 trustee (the "Trustee") of the Bankruptcy Estate of PDS Hotspot Corp. (the "Debtor")...
MEMORANDUM OPINION GREGORY L. TADDONIO , UNITED STATES BANKRUTPCY JUDGE . The Commonwealth of Pennsylvania seeks a determination that certain debts owed by Consignments on Centre, a now-defunct consignment shop in Pittsburgh's East End, are non-dischargeable. As an initial matter, the Court must determine whether Consignments on Centre was operated as a sole proprietorship by Kathleen J. Roche or was instead a partnership between her and her husband, Edward J. Roche. After conducting an...
