MEMORANDUM Joan N. Feeney , United States Bankruptcy Judge . I. INTRODUCTION The matter before the Court is the Motion for Summary Judgment filed by the Plaintiff in this adversary proceeding, the Chapter 7 Trustee of the Debtor (the "Plaintiff" or "Trustee"), on Counts I and III of his Complaint, through which he seeks to avoid an alleged fraudulent transfer by the Debtor to the Defendants, Stephen Chiang and Chialin Chiang, who are the Debtor's wife and son. The Defendants filed an...
MEMORANDUM Joan N. Feeney , United States Bankruptcy Judge I. INTRODUCTION The matter before the Court is the two-count Complaint filed by the Chapter 7 Trustee of the bankruptcy estate of Cameron Construction & Roofing Co., Inc. (the "Debtor") against Cameron Construction LLC (the "Defendant"). Through his Complaint, Donald R. Lassman, the Chapter 7 Trustee, seeks to "(a) disregard the corporate form of ... [the] Defendant ...; and (b) preserve the assets of the Defendant for...
MEMORANDUM OF DECISION AND ORDER ON OBJECTION OF HSBC BANK USA, N.A. TO CONFIRMATION OF FIRST AMENDED PLAN Melvin S. Hoffman , U.S. Bankruptcy Judge . HSBC Bank USA, N.A. has objected to my confirming the First Amended Chapter 13 Plan dated February 24, 2016, of Penny and Jason Sperry, the debtors in this case. HSBC maintains that the plan, which requires HSBC to send the Sperrys monthly mortgage loan statements consistent with the plan's treatment of its claim, is unconfirmable. The...
MEMORANDUM JOAN N. FEENEY , Bankruptcy Judge . I. INTRODUCTION The matter before the Court is the Motion for Summary Judgment filed by Navient Solutions, Inc. (the "Defendant" or "Navient") with respect to the Amended Complaint filed by the Debtor, Christina Leal (the "Plaintiff" or the "Debtor"), through which she seeks damages for Navient's "willful and repeated violations of the bankruptcy stay imposed by 11 U.S.C. 362." 1 Navient filed an Answer in which it denied the material...
MEMORANDUM OF DECISION ON COMPLAINT FOR REVOCATION OF DISCHARGE, COUNTERCLAIM FOR CONTEMPT OF DISCHARGE INJUNCTION, AND MOTION FOR SANCTIONS UNDER RULE 9011 FRANK J. BAILEY , Bankruptcy Judge . In the matters presently before the Court, alleged creditor Smith Vil seeks revocation of the discharge entered in favor of chapter 7 debtor Jacky Poteau; Jacky counterclaims for a determination that Vil is in contempt of the same discharge; and debtor Carline Poteau moves for sanctions against Vil...
MEMORANDUM Joan N. Feeney , United States Bankruptcy Judge . I. INTRODUCTION The matter before the Court is the Complaint filed by the Plaintiff, Northeast Community Bank (the "Plaintiff" or the "Bank"), a creditor of the debtor, Joseph M. Manfredonia (the "Debtor," the "Defendant," or "Mr. Manfredonia") through which it seeks denial of the Debtor's discharge pursuant to 11 U.S.C. 727(a)(3) and (a)(4)(A) on grounds that the Debtor failed to keep and preserve adequate books and...
MEMORANDUM Joan N. Feeney , United States Bankruptcy Judge . I. INTRODUCTION The issues presented in this adversary proceeding are whether the elements pertinent to the definition of larceny under Mass. Gen. Laws ch. 266, 30 and 11 U.S.C. 523(a)(4) are synonymous, and whether the Court is bound by the Defendant's plea of guilty to two counts of larceny in state court such that the Plaintiffs' debt is excepted from discharge under 11 U.S.C. 523(a)(4). The issues arise in the context...
MEMORANDUM OF DECISION ON OBJECTION TO PROOF OF CLAIM AND COUNTERCLAIM FRANK J. BAILEY , Bankruptcy Judge . In the chapter 11 case of the Charles Street African Methodist Episcopal Church of Boston ("Charles Street" or "the Church"), OneUnited Bank ("OneUnited" or "the Bank") has filed a proof of claim for amounts due on two loans it made to Charles Street, one for construction of a community center (the "Construction Loan") and the other to refinance an existing credit facility (the "...
MEMORANDUM OF DECISION Frank J. Bailey , United States Bankruptcy Judge . I. Overview The matter before the Court is the "Objection of Donald R. Lassman, Chapter 7 Trustee, to Debtor's Claim of Exemption" (the "Objection") filed by Donald R. Lassman (the "Trustee"), the chapter 7 trustee in the bankruptcy case of the debtor, Paul Reynold St. James (the "Debtor"). The Trustee opposes the Debtor's claim of homestead exemption in real property located outside the Commonwealth of...
MEMORANDUM JOAN N. FEENEY , Bankruptcy Judge . I. INTRODUCTION The matter before the Court is the Motion to Dismiss filed by Deutsche Bank National Trust Company, as Trustee for Soundview Home Loan Trust 2006-OPT5, Asset-Backed Certificates, Series 2006-OPT5 (the "Defendant" or "Deutsche Bank") with respect to the two-count Verified Complaint filed by Guy L. Giuffre (the "Plaintiff" or the "Debtor"). The Court heard the Motion, as well as the Debtor's Objection and Deutsche Bank's Reply...
MEMORANDUM OF DECISION Christopher J. Panos , United States Bankruptcy Judge . Defendants Michael Van Dam, Esq. and Van Dam Law LLP (together, "Van Dam") move to dismiss the complaint filed by the chapter 7 trustee, David W. Ostrander (the "Trustee"), for failure to state a claim. The Trustee asserts that Van Dam committed malpractice by failing to record a declaration of homestead for debtor Robert Mateer, Jr.'s real property before filing his bankruptcy case and, later, by failing to...
MEMORANDUM Joan N. Feeney , United States Bankruptcy Judge . I. INTRODUCTION The matter before the Court is the Motion to Dismiss Trustee's Complaint filed by LexMar Global Inc. ("LexMar" or the "Defendant") pursuant to Fed. R. Civ. P. 12(b)(1). LexMar also sought dismissal under Fed. R. Civ. P. 12(b)(7), but requested that the Court defer ruling on that ground at the hearing held on July 27, 2016. Lynne Riley, the Chapter 7 trustee (the "Trustee") of the the debtor, Progression, Inc. (...
MEMORANDUM OF DECISION Christopher J. Panos , United States Bankruptcy Judge . Defendants 145 Marston St., Inc. d/b/a Coady's Garage and Towing Service ("Coady's") and Cohen & Associates, P.C. ("C & A") filed a Combined Motion for Summary Judgment (Adv. Doc. No. 97) (the "Motion") seeking judgment in their favor with respect to each of the four counts contained in the complaint filed by John W. Petralia, a chapter 13 debtor and plaintiff in this adversary proceeding. Through his...
ORDER ON MOTION OF NADLER & DARWISH LLC TO COMPEL RELEASE OF INSURANCE PROCEEDS MELVIN S. HOFFMAN , Bankruptcy Judge . The debtor in this case, Nadler & Darwish LLC, filed a motion seeking an order requiring Mechanics Cooperative Bank, holder of two mortgages on the debtor's property at 967-975 North Main Street in Randolph, Massachusetts, to release insurance proceeds totaling approximately $165,000 paid for fire damage to the property. The insurance company issued a check for these...
MEMORANDUM OF DECISION Melvin S. Hoffman , U.S. Bankruptcy Judge . Kathleen P. Dwyer, the chapter 7 trustee of the estate of Pihl, Inc., the debtor in the main case, initiated this adversary proceeding by filing a six-count complaint against the Insurance Company of the State of Pennsylvania ("ICSP") and American International Companies ("AIC," and collectively with ICSP, the "Sureties") seeking to set aside and recover certain alleged preferential transfers (counts II-V) and for a...
MEMORANDUM OF DECISION ON THE MOTION OF THE DEFENDANT TO DISMISS COUNT III OF THE COMPLAINT Melvin S. Hoffman , U.S. Bankruptcy Judge . Dermot T. Kirwan, the defendant here and the debtor in the main case, has moved to dismiss count III of a three-count complaint filed by the plaintiffs, Adilson G. Cordeiro, Douglas G. Cordeiro, Deivson G. Cordeiro, Edilson A. Pinto, and Edson Borges, Jr. Count III of the complaint seeks a determination of nondischargeability as to each of the plaintiffs'...
MEMORANDUM Joan N. Feeney , United States Bankruptcy Judge . I. INTRODUCTION The matter before the Court is the Plaintiff's Complaint for an exception to discharge of debts he alleges are owed by the debtor arising out of their business venture in Honey Dew Donuts franchises. The Complaint originally contained seven counts and was filed against the Chapter 7 debtor, Jamie L. Melo (the "Debtor"), by George Zacharakis ("Zacharakis"), in his individual capacity and as a member of two...
MEMORANDUM Joan N. Feeney , United States Bankruptcy Judge . I. INTRODUCTION The matter before the Court is the Debtor's Motion to Establish Value of Real Property and Avoid Judicial Lien (the "Lien Avoidance Motion") pursuant to which Louis Savino (the "Debtor" or "Savino") seeks to avoid a judicial lien held by First American Title Insurance Company ("First American"). 1 First American filed an Opposition to the Debtor's Lien Avoidance Motion, and the Court conducted a non-evidentiary...
MEMORANDUM Joan N. Feeney , United States Bankruptcy Judge . I. INTRODUCTION The matter before the Court is the First Amended Complaint filed by the Plaintiff, Warren E. Agin, the Chapter 7 Trustee (the "Trustee") of the Estate of Timothy Paul Cusson (the "Defendant" or the "Debtor"). Pursuant to his First Amended Complaint, the Plaintiff sought the entry of an order denying the Defendant a discharge under 11 U.S.C. 727(a)(2)(A) (Count I), (a)(2)(B) (Count II), (a)(3) (Count III), (a)(4)...
MEMORANDUM OF DECISION Frank J. Bailey , United States Bankruptcy Judge . I. Overview The matter before the Court is the Objection to the Debtors' Claim of Exemption (the "Objection") filed by Donald R. Lassman (the "Trustee"), the chapter 7 trustee in the bankruptcy case of the debtors, Erik A. Kuceris and Linda A. Kuceris (the "Debtors" or "Mr. and Mrs. Kuceris"). By the Objection, the Trustee opposes the Debtors' claim of homestead exemption in real property in which Mr. Kuceris...
