RULING ON TRUSTEE'S OBJECTION TO DEBTOR'S CLAIM OF EXEMPTION IN INHERITED INDIVIDUAL RETIREMENT ACCOUNT RE: ECF NOS. 1, 11, 19 JAMES J. TANCREDI , Bankruptcy Judge . Before the Court is the Chapter 7 Trustee's ("Trustee") Objection to the Debtor's Claim of Exemptions in Inherited Individual Retirement Account ("Objection," ECF No. 11). Therein, the Trustee argues that the claimed exemption of funds pursuant to Connecticut General Statutes 52-352b(m) and 52-321a by the Debtor, Diane L....
RULING AND MEMORANDUM OF DECISION DENYING DEFENDANTS' MOTIONS TO DISMISS RE: ECF NOS. 8, 17, 18, 25, 31, 32 JAMES J. TANCREDI , Bankruptcy Judge . I. INTRODUCTION The Debtor, Donna J. Barnes ("Debtor"), initiated this Adversary Proceeding pursuant to Federal Rules of Bankruptcy Procedure 7001(3) in her underlying Chapter 11 case to obtain approval for the sale of both the interest of the Debtor's estate and the interest of the non-debtor, her co-owner spouse ("James R. Barnes") in...
ORDER AND RULING DENYING APPROVAL OF REAFFIRMATION AGREEMENT RE: ECF Nos. 14, 21 JAMES J. TANCREDI , Bankruptcy Judge . Pending before the Court is a reaffirmation agreement (ECF No. 14) filed by creditor American Honda Finance Corporation ("Honda") on behalf of itself and Kayla W. Sheeley (the "Debtor"). The reaffirmation agreement concerns the Debtor's unexpired automotive lease for a 2019 Honda HR-V. On July 31, 2019, the Debtor filed a voluntary petition seeking relief under Chapter...
MEMORANDUM OF DECISION AND ORDER ON MOTION TO DISMISS CASE AND ORDER TO APPEAR AND SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED AND WHY APPROPRIATE SANCTIONS SHOULD NOT BE ISSUED RE: ECF NOS. 1, 9, 12, 39, 53, 74, 76, 80 (and Related Filings) JAMES J. TANCREDI , Bankruptcy Judge . I. INTRODUCTION Before the Court is the Motion to Dismiss ("Motion," ECF No. 9) filed by Justin Buck ("Mr. Buck"), the minority stakeholder 1 of the alleged Debtor, Best Home Performance of CT, LLC ("Best")....
MEMORANDUM OF DECISION AND ORDER DENYING MOTION FOR CONTEMPT OF DISCHARGE INJUNCTION RE: ECF 94 ANN M. NEVINS , Bankruptcy Judge . Before the court is the question of whether a restitution order entered in a state criminal proceeding is a dischargeable obligation under 11 U.S.C. 523(a)(7). If so, Benson Snaider (the "Debtor") asks the court to hold in contempt the State of Connecticut Client Security Fund Committee (the "Client Security Fund"), the State of Connecticut Department of...
MEMORANDUM OF DECISION AND ORDER GRANTING IN PART MOTION FOR RELIEF FROM THE AUTOMATIC STAY AND DENYING RETROACTIVE RELIEF Re: ECF No. 77 ANN M. NEVINS , Bankruptcy Judge . The City of New Haven, Connecticut ("City") seeks relief from stay on a retroactive basis to cure its admitted violation of the automatic stay. ECF No. 77. The debtor here commenced a voluntary Chapter 13 bankruptcy petition on August 1, 2014. On October 2, 2015, the debtor's Second Amended Chapter 13 plan was...
RULING ON THE TRUSTEE'S OBJECTION TO DEBTORS' CLAIM OF EXEMPTIONS RE: ECF Nos. 15, 21 JAMES J. TANCREDI , Bankruptcy Judge . Before the Court is the Chapter 7 Trustee's ("Trustee") Objection to Debtors' Claim of Exemptions ("Objection," ECF No. 15). The Debtors, Christopher and Amy Sicotte ("Debtors"), claim an exemption in a Winchester .22 caliber lever action rifle with case and ammunition ("the Firearm") under Connecticut General Statutes 52-352b(a). The Trustee objects on the basis...
MEMORANDUM OF DECISION AND ORDER DISMISSING CASE WITH PREJUDICE WITH A TWO YEAR BAR TO REFILING ECF Nos. 11, 16 JULIE A. MANNING , Bankruptcy Judge . On October 11, 2019, the Court issued an Order to Appear and Show Cause why the Debtor's case should not be dismissed with prejudice as a bad faith filing (the "Order to Appear and Show Cause," ECF No. 11). The Order to Appear and Show Cause was served on the Debtor at the address listed on her Chapter 13 Petition. See ECF No. 12. The...
MEMORANDUM OF DECISION AND ORDER DISMISSING CASE WITH PREJUDICE WITH A TWO YEAR BAR TO REFILING ECF Nos. 12, 18 JULIE A. MANNING , Bankruptcy Judge . On October 9, 2019, the Court issued an Order to Appear and Show Cause why the Debtor's case should not be dismissed with prejudice as a bad faith filing (the "Order to Appear and Show Cause," ECF No. 12). The Order to Appear and Show Cause was served on the Debtor at the address listed on her Chapter 13 Petition. See ECF No. 13. The...
RULING ON THE TRUSTEE'S OBJECTION TO DEBTOR'S CLAIM OF EXEMPTIONS RE: ECF Nos. 43, 52, 55, 56, 57, and 58 James J. Tancredi , United States Bankruptcy Judge . I. INTRODUCTION Before the Court is the Chapter 7 Trustee's ("Trustee") Objection to Debtor's Claim of Exemptions ("Objection," ECF No. 43). The Debtor, Hubert Wiggs ("Debtor"), claims an exemption in his favor in the entirety of the cash surrender value of a Prudential Appreciable Life Insurance Policy ("the Policy") pursuant to...
MEMORANDUM OF DECISION ON MOTION FOR PARTIAL SUMMARY JUDGMENT JULIE A. MANNING , Chief Bankruptcy Judge . I. Introduction On April 18, 2014, Connecticut Light & Power Company, Yankee Gas Services Company, and the United Illuminating Company filed an involuntary Chapter 7 petition against People's Power and Gas, LLC (the "Debtor"). An Order for Relief entered on May 21, 2014 and Richard M. Coan was appointed as the Chapter 7 Trustee (the "Trustee"). In this adversary proceeding, the...
MEMORANDUM OF DECISION ON MOTION FOR PARTIAL SUMMARY JUDGMENT JULIE A. MANNING , Chief Bankruptcy Judge . I. Introduction On April 18, 2014, Connecticut Light & Power Company, Yankee Gas Services Company, and the United Illuminating Company filed an involuntary Chapter 7 petition against People's Power and Gas, LLC (the "Debtor"). An Order for Relief entered on May 21, 2014 and Richard M. Coan was appointed as the Chapter 7 Trustee (the "Trustee"). In this adversary proceeding, the...
MEMORANDUM OF DECISION ON MOTION FOR PARTIAL SUMMARY JUDGMENT JULIE A. MANNING , Chief Bankruptcy Judge . I. Introduction On April 18, 2014 Connecticut Light & Power Company, Yankee Gas Services Company, and the United Illuminating Company filed an involuntary Chapter 7 petition against People's Power and Gas, LLC (the "Debtor"). An Order for Relief entered on May 21, 2014 and Richard M. Coan was appointed as the Chapter 7 Trustee (the "Trustee"). In this adversary proceeding, the...
MEMORANDUM OF DECISION ON MOTION FOR PARTIAL SUMMARY JUDGMENT Julie A. Manning , Chief United States Bankruptcy Judge . I. Introduction On April 18, 2014, Connecticut Light & Power Company, Yankee Gas Services Company, and the United Illuminating Company filed an involuntary Chapter 7 petition against People's Power and Gas, LLC (the "Debtor"). An Order for Relief entered on May 21, 2014 and Richard M. Coan was appointed as the Chapter 7 Trustee (the "Trustee"). In this adversary...
MEMORANDUM OF DECISION ABSTAINING FROM ADVERSARY PROCEEDING AND DISMISSING CHAPTER 7 CASE WITH PREJUDICE ECF Nos. 25, 27, 31. JULIE A. MANNING , Bankruptcy Judge . On September 17, 2019, the Court held a Pretrial Conference in the instant Adversary Proceeding. At that time, the Court learned of two mortgage foreclosure actions pending in the Connecticut Superior Court (the "Foreclosure Actions") commenced by Deutsche Bank National Trust Company as Indenture Trustee for American Home...
MEMORANDUM OF DECISION AND ORDER AFTER EVIDENTIARY HEARING CALCULATING THE AVOIDANCE OF LIENS PURSUANT TO 11 U.S.C. 522(f) Re: ECF No. 65 ANN M. NEVINS , Bankruptcy Judge . Before the Court is the debtor, Paul Fiano, Sr.'s ("Fiano"), motion seeking to avoid judicial liens on his one-half interest ("Fiano's Interest") in commercial property known as 548-552 Middle Turnpike East, Manchester, Connecticut (the "Property") pursuant to 11 U.S.C. 522(f) (the "Motion to Avoid Liens"). ECF No....
BENCH RULING ON MOTION FOR ORDER CONFIRMING AUTOMATIC STAY OF 11 U.S.C. 362 IS NOT IN EFFECT RE: ECF Nos. 69, 73, 91, 92, 95 JAMES J. TANCREDI , Bankruptcy Judge . The matter before the Court is the JP Morgan Chase Bank, National Association's ("Movant") Motion for Order Confirming Automatic Stay Of 11 U.S.C. 362 is Not in Effect ("Motion," ECF No. 69). The Movant requests that the Court enter an order confirming that the automatic stay is not in effect in its entirety. Id. In...
POST-TRIAL MEMORANDUM OF DECISION REGARDING NONDISCHARGEABLE DEBT RE: ECF NOS. 1, 15, 45 JAMES J. TANCREDI , Bankruptcy Judge . I. INTRODUCTION The Plaintiffs, Steven Temkin and Gayle Temkin, filed their complaint ("Complaint," ECF No. 1) against the Defendant, Fernando P. Rodrigues ("Debtor"), on May 3, 2018. In the Complaint, the Plaintiffs asks this Court, pursuant to 11 U.S.C. 523(a)(6), 1 to deem nondischargeable a debt based on a state court judgment ("Judgment") that the...
MEMORANDUM OF DECISION AND ORDER GRANTING RECONSIDERATION AND DENYING REQUEST FOR SANCTIONS UPON RECONSIDERATION Re: ECF Nos. 245, 247 ANN M. NEVINS , Bankruptcy Judge . Before the Court is a motion to reconsider an order denying a motion for sanctions ("Motion for Reconsideration"). ECF No. 247. The State of Connecticut Attorney General on behalf of Michael Moscowitz and the Law Offices of Michael Moscowitz, LLC ("State Court Defendants") seek reconsideration of the Court's Memorandum...
POST-TRIAL MEMORANDUM OF DECISION James J. Tancredi , United States Bankruptcy Judge . I. INTRODUCTION This is an action to turn over nearly $1.6 million in alleged fraudulent transfers that a debtor company made to an insider within two years of its bankruptcy filing. This Chapter 7 debtor, LXEng LLC ("Debtor"), has had a common owner throughout its complicated history, Jie Xiao (hereinafter, "Dr. Xiao"). Dr. Xiao and Michael Little ("Mr. Little") formed the Debtor in 2007, as 50% co-...
