MEMORANDUM JOAN N. FEENEY, Bankruptcy Judge. I. INTRODUCTION The matters before the Court are Cross-Motions for Summary Judgment with respect to an "Answer to Involuntary Petition" filed by the alleged debtor, Steven C. Fustolo (the "Alleged Debtor" or "Fustolo"), pursuant to which he seeks dismissal of the Involuntary Petition filed by three creditors: 50 Thomas Patton Drive, LLC ("Patton Drive"); the Patriot Group, LLC ("Patriot"); and Richard Mayer ("Mayer") (collectively, the "...
MEMORANDUM OF DECISION WILLIAM C. HILLMAN, Bankruptcy Judge I. INTRODUCTION The matter before the Court is the Order to Show Cause dated September 27, 2013, directing William S. Kology and Linda W. Kology (the "Debtors") to show cause why the Court should not abstain from this case until such time as the litigation with respect to the extent of the Debtors' ownership of certain real property in Harwich, Massachusetts now pending in the Massachusetts Land Court (the "Title Litigation") is...
MEMORANDUM OF DECISION HENRY J. BOROFF, Bankruptcy Judge. Before the Court is a "Motion of Cara Donna Provision Co., Inc. for Orders Allowing Requests for Payment Relative to Rent Due and Rejection Damages Associated with the Upper Crust `Commissary' Sublease" (the "Payment Motion"). Cara Donna Provision Co., Inc. ("CDP") requests immediate payment or administrative priority status for (i) postpetition rents claimed to be due to CDP as lessor under its commercial lease (the "CDP Lease") with...
MEMORANDUM OF DECISION WILLIAM C. HILLMAN, Bankruptcy Judge. I. INTRODUCTION The matter before the Court is the "Defendant's Motion for Summary Judgment in His Favor on All Counts of the Complaint" (the "Motion for Summary Judgment") filed by the defendant, Michael Bibbo (the "Debtor"), and the "Plaintiff's Memorandum of Law in Opposition to Defendant's Motion for Summary Judgment" (the "Opposition") filed by the plaintiff, People's United Bank (the "Plaintiff"). Plaintiff filed the...
MEMORANDUM OF DECISION ON SUBORDINATION OF CLAIM OF ONEUNITED AND DEBTOR'S MOTION FOR FEES FRANK J. BAILEY, Bankruptcy Judge. By the motion before the court, the debtor and debtor in possession, Charles Street African Methodist Episcopal Church of Boston ("CSAME"), seeks an award of attorney's fees against OneUnited Bank ("OneUnited") and, on the basis of the same conduct as gives rise to the claim for fees, makes an argument in support of the proposed subordination, through a separately...
MEMORANDUM OF DECISION ON (1) CONFIRMATION OF DEBTOR'S SEVENTH MODIFIED FIRST AMENDED PLAN OF REORGANIZATION AND ON (2) MOTION OF ONEUNITED BANK TO DISMISS CHAPTER 11 CASE FOR CAUSE FRANK J. BAILEY, Bankruptcy Judge. The matters before the court are the proposed confirmation of the Seventh Modified First Amended Plan of Reorganization of debtor Charles Street African Methodist Episcopal Church of Boston ("CSAME") and the Motion of OneUnited Bank ("OneUnited") to Dismiss Chapter 11 Case for...
MEMORANDUM OF DECISION ON CHAPTER 13 TRUSTEE'S MOTION FOR ORDER DISMISSING CASE FRANK J. BAILEY, Bankruptcy Judge. The matter before the court is the motion of the chapter 13 trustee, Carolyn Bankowski (the "Trustee"), for an order dismissing the bankruptcy case of debtor Priscyla Garajau (the "Debtor"). The Trustee alleges that where certain real property of the Debtor has appreciated in value as a result of a post-confirmation settlement of a lawsuit involving a right of way that serviced...
MEMORANDUM OF DECISION FRANK J. BAILEY, Bankruptcy Judge. This matter was held for trial on the complaint of chapter 7 debtor Bertha Smith (the "Debtor") for a declaration under 11 U.S.C. 523(a)(8) that her debts to the United States Department of Education (the "DOE"), which debts arise from an individual student loan and a Parent PLUS loan, both held by the DOE, are dischargeable because it would be an undue hardship for her to repay them. The DOE opposes the complaint. For the reasons...
MEMORANDUM OF DECISION HENRY J. BOROFF, Bankruptcy Judge. Before the Court is the "Trustee's Motion for Partial Summary Judgment," filed by Joseph H. Baldiga, the Chapter 7 Trustee (the "Trustee") of the bankruptcy estate of Marian F. Golemo (the "Debtor"). Through this adversary proceeding, the Trustee seeks authorization to sell certain real estate owned by the Debtor and the Debtor's former spouse, Danuta Golemo ("Ms. Golemo" or the "Defendant"), free and clear of liens, pursuant to 11 U....
MEMORANDUM OF DECISION FRANK J. BAILEY, Bankruptcy Judge. By its complaint in this adversary proceeding, plaintiff and creditor Marina Harbor II Corporation ("Marina") objects to the discharge of the 7 debtor, Timothy R. Joslin ("Joslin"), under 11 U.S.C. 727(a)(3) and (a)(5). Under 727(a)(3), Marina alleges that Joslin has failed to preserve recorded information from which his financial condition or business transactions might be ascertained. Under 727(a)(5), Marina alleges that...
MEMORANDUM OF DECISION WILLIAM C. HILLMAN, Bankruptcy Judge. I. INTRODUCTION There are various pleadings before the Court which have been consolidated into a single contested matter. 1 The Court conducted a trial on the contested matter on June 7, 2013, at which time five witnesses testified and forty-four exhibits were admitted into evidence by agreement of the parties. 2 The question presented by the various motions and objections is to what extent are William and Linda Kology (the "...
MEMORANDUM JOAN N. FEENEY, Bankruptcy Judge. I. INTRODUCTION The matter before the Court is the Motion for Relief from Automatic Stay (the "Motion") filed by U.S. Bank National Association as Indenture Trustee of Castle Peak 2011-Loan Trust Mortgage Backed Note, Series 2011-1 ("US Bank"), seeking relief from the automatic stay to proceed to exercise its rights pursuant to applicable federal and state law, including a summary process proceeding, as to real property located at 3 Whiting Lane,...
MEMORANDUM OF DECISION ON TRUSTEE'S MOTION FOR SUMMARY JUDGMENT AND THE DEFENDANT'S CROSS MOTION FOR SUMMARY JUDGMENT MELVIN S. HOFFMAN, Bankruptcy Judge. Before me are cross motions for summary judgment pursuant to Fed. R. Bankr.P. 7056 1 by plaintiff Jonathan R. Goldsmith and defendant CitiMortgage Inc. ("Citi"). The material facts are undisputed. On October 16, 2001 Karen and Allen Woodman, husband and wife, acquired a home at 595-597 School Street in Lowell, Massachusetts. The home is...
MEMORANDUM JOAN N. FEENEY, Bankruptcy Judge. I. INTRODUCTION The matter before the Court is the Plaintiff's Motion for a Preliminary Injunction. The Plaintiff, Starr Harris (the "Plaintiff" or the "Debtor"), requests the Court to "reinstate the automatic stay and/or enjoin the defendants, jointly and severally, from any action to complete or reinitiate foreclosure of their mortgages" in aid of an order converting her Chapter 7 case to Chapter 13. Two of the defendants, Just-A-Start...
MEMORANDUM AND ORDER ON THE PLAINTIFF TRUSTEE'S MOTION TO AMEND THE COMPLAINT MELVIN S. HOFFMAN, Bankruptcy Judge. Jonathan Goldsmith, the chapter 7 trustee of the estate of Loucheschi LLC and the plaintiff in this adversary proceeding, has moved to amend the complaint to add a count seeking to void a mortgage held by the defendant LBM Financial, LLC pursuant to MASS. GEN. LAWS ch. 260, 33, commonly referred to as the obsolete mortgage statute. 1 The defendants, LBM and Marcello Mallegni,...
AMENDED MEMORANDUM OF DECISION ON DEFENDANT'S MOTION TO DISMISS FRANK J. BAILEY, Bankruptcy Judge. By Count I of his complaint in this adversary proceeding, the plaintiff and chapter 13 debtor, Scott S. Maifeld ("Maifeld"), seeks damages under Massachusetts law for denial by defendant West Coast Life Insurance Company ("West Coast") of his claim as a beneficiary under his deceased mother's life insurance policy. West Coast denied coverage on the basis that the mother's policy had lapsed...
MEMORANDUM JOAN N. FEENEY, Bankruptcy Judge. I. INTRODUCTION The matters before the Court for determination are: 1) the "Motion of Chapter 7 Trustee for Review of Fees of Counsel to Debtors and Special Counsel to Debtors Pursuant to 11 U.S.C. 329(b)" (the "Fee Review Motion"); 2) the Application of Joseph K. Curran, Jr. for Compensation as Special Counsel to the Debtors (the "Fee Application"); and 3) the Trustee's Objection to Claim of Exemption (the "Exemption Objection"). The Debtors...
MEMORANDUM JOAN N. FEENEY, Bankruptcy Judge. I. INTRODUCTION The matter before the Court is the "Complaint Objecting to Discharge of Debtor" filed against Mario Elias ("Elias") by Delores Cowart (the "Plaintiff") through which she alleges that Elias committed an assault and battery against her which was "willful and malicious" and caused her injury (the "Complaint"). Although the Complaint is denominated as an objection to discharge, the Plaintiff seeks to except a particular debt from...
MEMORANDUM OF DECISION ON DEBTOR'S MOTION FOR DETERMINATION THAT HIS BENEFICIAL INTEREST IN A TRUST IS NOT PROPERTY OF THE ESTATE AND ON PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT FRANK J. BAILEY, Bankruptcy Judge. I. INTRODUCTION By his complaint in this adversary proceeding, the chapter 7 trustee, Harold Murphy ("Murphy"), seeks among other things a determination that the spendthrift clause that ostensibly protects the beneficial interest of debtor Ernest J. Felice (hereinafter, "...
MEMORANDUM OF DECISION WILLIAM C. HILLMAN, Bankruptcy Judge. I. INTRODUCTION The matter before the Court is the "Massachusetts Department of Revenue's Motion for Summary Judgment" (the "Motion for Summary Judgment") filed by the defendant the Massachusetts Department of Revenue (the "MDOR") and the "Opposition to Motion for Summary Judgment filed Massachusetts Department of Revenue" (the "Opposition") filed by the plaintiff Timothy P. Pendergast (the "Debtor"). The Debtor filed this...
