MEMORANDUM OPINION Patrick M. Flatley , United States Bankruptcy Judge . David A. Levine and Indeco Union (collectively, the "Defendants") seek the dismissal of the adversary complaint filed against them by Martin P. Sheehan, the Chapter 7 trustee administering the bankruptcy estate of Geostellar, Inc (the "Debtor"). The Defendants contend that the court should dismiss the trustee's complaint based upon either the arbitration clause and forum selection clause contained in Mr. Levine's...
MEMORANDUM OPINION Patrick M. Flatley , United States Bankruptcy Judge . Pending before the court are competing proposed Chapter 11 plans: one filed by Tara Retail Group, LLC (the "Debtor") to reorganize its financial affairs and the other filed by Comm 2013-CCRE12 Crossings Mall Road, LLC ("Comm2013"), the Debtor's principal creditor and mortgagee, seeking to liquidate the Debtor's property. Also pending is Comm2013's motion to exclude certain evidence from the court's consideration in...
MEMORANDUM OPINION Patrick M. Flatley , United States Bankruptcy Judge . Pending before the court are cross motions for summary judgment regarding the adversary complaint filed by the Plaintiffs against the Defendant. Specifically, the Defendant has filed a motion for summary judgment as to all seven counts, while the Plaintiffs seek summary judgment as to Counts II, IV, V, VI, and VII. For the reasons stated herein, the court will grant and deny each in part. I. BACKGROUND This...
