MEMORANDUM OF DECISION Elizabeth D. Katz , United States Bankruptcy Judge . Before the Court after trial is a complaint (the "Complaint") filed by the United States trustee (the "Trustee") against Homayoun Maali ("Maali") seeking fines, sanctions, and injunctive relief for repeatedly violating 110 of the United States Bankruptcy Code 1 and engaging in the unauthorized practice of law. In addition to statutory fines and penalties, the Trustee seeks an order permanently enjoining Maali...
MEMORANDUM OF DECISION ON DEBTOR'S OBJECTION TO PROOF OF CLAIM OF BAY VIEW LOAN SERVICING LLC [POC 1-1] FRANK J. BAILEY , Bankruptcy Judge . This chapter 11 case is before the Court on the objection of the debtor, 1098 Blue Hill Avenue, LLC (the "Debtor"), to the proof of claim filed in this case by Bayview Loan Servicing LLC, on behalf of its principal, Bayview Financial Trading Group, L.P. ("Bayview"). Bayview is the current holder of a first-position mortgage (the "Mortgage") on the...
MEMORANDUM OF DECISION FRANK J. BAILEY , Bankruptcy Judge . By his amended complaint in the above-captioned adversary proceedings, plaintiff and chapter 7 debtor Edward Papamechail ("the Debtor" or "Edward") seeks compensatory and punitive damages against the defendants under 11 U.S.C. 362(k)(1) for alleged violations of the automatic stay. After a trial, the Court now enters the following as its findings of fact and conclusions of law. I. Procedural History On January 5, 2017, the...
MEMORANDUM OF DECISION ON MOTION TO DISMISS OF CAPECAPITAL JEWEL, LLC MELVIN S. HOFFMAN , Bankruptcy Judge . I. Introduction In a thirty-count complaint, 1 Gary W. Cruickshank, the plaintiff and chapter 7 trustee of the bankruptcy estate of Blast Fitness Group, LLC ("BFG"), seeks damages and injunctive relief against forty named and dozens of unnamed defendants, including CapeCapital Jewel, LLC, 2 ("Cape Jewel") an Illinois limited liability company managed by defendant, Harold R....
ORDER ON DEFENDANTS MICHAEL MCGEE, DOUGLAS WEEKES, AND DAVID EATON'S MOTION TO DISMISS COUNTS I, IV, VII AND VIII OF THE COMPLAINT MELVIN S. HOFFMAN , Bankruptcy Judge . The motion of defendants Michael McGee, Douglas Weekes, and David Eaton (collectively, the "Moving Defendants") to dismiss the complaint in this adversary proceeding having come before me 1 , and after considering the parties' written submissions and the arguments of counsel presented at a hearing on April 8, 2019, I...
MEMORANDUM OF DECISION Frank J. Bailey , United States Bankruptcy Judge . By the sole remaining count in this adversary proceeding, the plaintiffs seek a determination that a judgment debt owed them by the defendant and chapter 13 debtor, Zaw M. Aung, is excepted from discharge in this bankruptcy case by operation of Bankruptcy Code 523(a)(2)(A). After a trial on this count, I now enter the following findings of fact and conclusions of law under Fed. R. Civ. P. 52(a)(1), made...
MEMORANDUM OF DECISION and ORDER Frank J. Bailey , United States Bankruptcy Judge . This adversary proceeding is before the Court on the defendant's motion to dismiss each of the complaint's four counts for failure to state a claim on which relief can be granted. Background Sandra Furrier (the "Debtor"), owns and resides in certain real property (the "Property") that she inherited from her now-deceased parents. When her father was alive, he encumbered the Property with a reverse...
MEMORANDUM OF DECISION ON DEBTOR'S RENEWED MOTION TO AUTHORIZE POSTPETITION BORROWING FRANK J. BAILEY , Bankruptcy Judge . This case is before the Court on the Renewed Motion by Debtor Meredith Clark Shachoy for Order (I) Authorizing the Debtor to Obtain Post-petition Financing and (ii) Granting Junior Security Interests (the "Renewed Motion"). By this motion, Meredith Clark Shachoy (the "Debtor") seeks authority to engage in post-petition borrowing from her husband, Christopher Schchoy ("...
MEMORANDUM OF DECISION Melvin S. Hoffman , U.S. Bankruptcy Judge . I. Introduction In the only remaining count of a four-count amended complaint (ECF# 34), the plaintiff, Jenzack Partners, LLC, seeks judgment against the defendant, Stephen J. Gillis, the debtor in the main case, denying his discharge pursuant to Bankruptcy Code 727(a)(4)(A). 1 Jenzack contends that Mr. Gillis made false oaths or accounts both in his written bankruptcy schedules and statements and in his sworn...
MEMORANDUM OF DECISION ON TRUSTEE'S FINAL REPORT AND FINAL APPLICATIONS FOR FEES AND EXPENSES OF TRUSTEE AND COUNSEL MELVIN S. HOFFMAN , Bankruptcy Judge . Having reviewed and considered the Trustee's Final Report filed in this case [ECF #900], and the final application for allowance of compensation based on statutory commissions filed by the chapter 7 trustee, Joseph H. Baldiga, [ECF #901] seeking statutory commissions of $130,584.63, and the final application for allowance of...
MEMORANDUM OF DECISION ON MOTION OF TRUSTEE TO APPROVE COMPROMISE, APPROVE SALE, AND ISSUE INJUNCTION Frank J. Bailey , United States Bankruptcy Judge . The matter before the Court is the Trustee's Motion to Approve Compromise, Approve Sale, and Issue Injunction [doc. #300]. By this motion, Donald Lassman ("the Trustee"), as trustee in the chapter 7 case of David F. DeVeau ("DeVeau" and "the Debtor"), seeks (i) approval under Fed. R. Bankr. P. 9019 of a compromise that he has reached with...
ORDER ON DEFENDANTS ACAS, LLC, ARES CAPITAL CORPORATION, ARES CAPITAL MANAGEMENT LLC, MYUNG YI, ANUJ KHANNA, GORDON O'BRIEN, STEPHEN CHEHI, AND DANIEL KATZ'S MOTION TO DISMISS THE COMPLAINT MELVIN S. HOFFMAN , Bankruptcy Judge . The motion of defendants ACAS, LLC, Ares Capital Corporation, Ares Capital Management LLC (together with Ares Capital Corporation, "Ares"), Myung Yi, Anuj Khanna, Gordon O'Brien, Stephen Chehi, and Daniel Katz (together with Messrs. Yi, Khanna, O'Brien, and Chehi,...
ORDER ON SUMMARY JUDGMENT MOTIONS CHRISTOPHER J. PANOS , Bankruptcy Judge . Before the Court are (i) the motion for summary judgment (Doc. No. 45) (the "Summary Judgment Motion"), as supplemented by the memorandum in support (Doc. No. 47) and the further supplement to the memorandum (Doc. No. 61) (collectively, the "Memorandum"), filed by the debtor-defendant and plaintiff-in-counterclaim, John M. Bona (the "Defendant" or "Debtor"), the opposition to the Summary Judgment Motion (Doc. No....
ORDER SUSTAINING THE DEBTOR'S OBJECTION TO CLAIM #6-1 CHRISTOPHER J. PANOS , Bankruptcy Judge . Upon consideration of the Objection to Priority Claim of Continuum Energy Technologies, LLC [Claim No. 6-1] [Doc. No. 364] (the "Claim Objection") of IDL Development, Inc. ("IDL" or the "Debtor") to the portion of Claim No. 6-1 filed by Continuum Energy Technologies, LLC ("CET") asserting an administrative priority claim in the amount of $2,141,682.71 pursuant to 11 U.S.C. 507(a)(2) 1 (the "...
MEMORANDUM OF DECISION ON DEFENDANT'S MOTION TO DISMISS MELVIN S. HOFFMAN , Bankruptcy Judge . The plaintiff in this adversary proceeding, the Commonwealth of Massachusetts Executive Office of Health and Human Services ("EOHHS"), filed a six-count complaint against the defendant, Donald C. Kupperstein, the debtor in the main case. EOHHS asserts: (1) that pursuant to subparts (a)(2) 1 , (a)(4), (a)(6), and (a)(7) of 523 of the Bankruptcy Code 2 certain debts Mr. Kupperstein owes to it...
MEMORANDUM OF DECISION ELIZABETH D. KATZ , Bankruptcy Judge . I. FACTS AND TRAVEL OF THE CASE In September 2004, Daniel P. Woodard (the "Debtor") and his spouse, Lynne Harrington ("Harrington"), refinanced a mortgage loan encumbering their property in Northfield, Massachusetts. To secure the loan, the Debtor and Harrington gave a mortgage in favor of Mortgage Electronic Registration Systems, Inc. ("MERS"), as nominee for IndyMac Federal Bank F.S.B. ("Indymac"), which was later assigned...
MEMORANDUM OF DECISION AFTER REMAND Elizabeth D. Katz , United States Bankruptcy Judge Before the Court, on remand from the United States Bankruptcy Appellate Panel for the First Circuit ("BAP"), is the complaint filed by Audrey Eve Schatz (the "Debtor") seeking a determination that her student loan debts are dischargeable pursuant to 523(a)(8) of the United States Bankruptcy Code. 1 The BAP vacated and remanded this Court's earlier judgment in which this Court found that,...
MEMORANDUM OF DECISION FRANK J. BAILEY , Bankruptcy Judge . Procedural History By her seven-count complaint in the above-entitled adversary proceeding, Debora Casey, as trustee in the chapter 7 bankruptcy case of F&B Enterprises, Inc., seeks (i) a determination that a post-bankruptcy transfer of certain real property that belonged to the debtor but was not disclosed during the bankruptcy case was void ab initio as in violation of the automatic stay, (ii) avoidance of the transfer under...
MEMORANDUM OF DECISION Frank J. Bailey , United States Bankruptcy Judge I. Overview Plaintiff Feng Chen ("Chen" or "Plaintiff") seeks a determination that a debt allegedly owed to her by the defendant and chapter 7 debtor, Xing Ping Liang ("Liang" or "Defendant" or "Debtor"), is excepted from discharge under 11 U.S.C. 523(a)(2)(A). She also asks that the Debtor be denied a discharge under 11 U.S.C. 727(a)(2)(A), (a)(4)(A), and (a)(5). For the reasons stated herein, the court...
MEMORANDUM AND ORDER ON DEBTOR'S MOTION TO AMEND SCHEDULES Melvin S. Hoffman , United States Bankruptcy Judge . The debtor, Debra L. Gorsky, filed a voluntary chapter 13 petition on December 13, 2011. Her case was converted to chapter 7 on January 12, 2012. On March 20, 2012, her chapter 7 trustee filed a Report of No Distribution signaling that hers was a so-called "no asset case," meaning creditors would be receiving nothing as a result of Ms. Gorsky's bankruptcy filing. On April 10,...
