MEMORANDUM OPINION GRANTING IN PART AND DENYING IN PART NEWARK WAREHOUSE URBAN RENEWAL, LLC AND NEWARK WAREHOUSE REDEVELOPMENT COMPANY, LLC's MOTION FOR ENTRY OF AN ORDER DETERMINING THAT CERTAIN PARTIES HAVE VIOLATED THE AUTOMATIC STAY Honorable Michael B. Kaplan , United States Bankruptcy Judge . This matter comes before the Court on a Motion (ECF No. 740) filed by Newark Warehouse Urban Renewal, LLC and Newark Warehouse Redevelopment Company, LLC (collectively, "NWR") seeking an Order...
OPINION STACEY L. MEISEL , UNITED STATES BANKRUPTCY JUDGE . INTRODUCTION Before the Court is a Motion for the Entry of an Order Expunging and Disallowing Administrative Expense Request of Sussex County Board of Chosen Freeholders (the " Motion to Expunge "), 2 filed by debtors Mountain Creek Resort, Inc., et al., (the " Debtors " or " Mountain Creek ") by and through its counsel, Lowenstein Sandler, LLP, in response to the administrative expense claim at claim number 173 filed...
DECISION AND ORDER REGARDING U.S. TRUSTEE'S MOTION TO DISMISS JOHN K. SHERWOOD , Bankruptcy Judge . The relief set forth on the following pages, numbers two (2) through thirteen (13), is hereby ORDERED. PRELIMINARY STATEMENT This matter is before the Court on a motion to dismiss by the United States Trustee (the " UST "). Ian J. Murphy (the " Debtor ") filed for Chapter 7 relief in order to obtain a discharge of unsecured credit card debt in the amount of $94,983.17. The Debtor also...
OPINION JERROLD N. POSLUSNY, JR. , Bankruptcy Judge . The issue presented is whether a partially secured creditor who fails to file a proof of claim may cast a ballot on account of its deficiency claim if that claim is not included on Schedule E/F. American Heritage Federal Credit Union ("AHFCU"), a partially secured creditor, objected to the Combined Plan of Reorganization and Disclosure Statement (the "Plan") filed by Stephanie's Too, LLC ("Debtor"), arguing, in part, that it should be...
Honorable Michael B. Kaplan , United States Bankruptcy Judge . Counsel: This matter comes before the Court on a motion (ECF No. 16) filed by Eric R. Perkins, the chapter 7 trustee (the "Trustee") for The Robert Legere Companies, Inc. (the "Debtor") and plaintiff in the above-captioned adversary proceeding, seeking partial summary judgment in his favor as to Counts One and Three of his complaint against defendants Gary Meyers, the Law Offices of G. Martin Meyers, P.C., Dr. Neil Kahanovitz,...
NOT FOR PUBLICATION OPINION STACEY L. MEISEL , Bankruptcy Judge . INTRODUCTION This matter comes before the Court on a request for extraordinary relief. Parties in interest Paresh K. Patel, Ranjan P. Patel, Chirag Patel, Paresh Patel and Ranjan Patel Irrevocable Trust, Krishnas LLC, Ganesa LLC, and BWI MRPC Hotels, LLC (collectively, the " Patel Parties ") seek permission to challenge the Final DIP Order 1 in this confirmed Chapter 11 case. Specifically, the Patel Parties seek to...
DECISION AND ORDER REGARDING CROSS MOTIONS FOR SUMMARY JUDGMENT BY STEWART TITLE GUARANTY CO. AND 62-74 SPEEDWELL AVE, LLC JOHN K. SHERWOOD , Bankruptcy Judge . The relief set forth on the following pages, numbered four (4) through nineteen (19), is hereby ORDERED. PRELIMINARY STATEMENT In this matter, the Court must decide if a title insurance company is obligated to defend and indemnify a purchaser of real property for claims arising from an alleged lease of the property and a...
NOT FOR PUBLICATION MEMORANDUM DECISION ANDREW B. ALTENBURG, JR. , Bankruptcy Judge . Before the court is the issue of how it should respond to the debtor's having proceeded to closing on a sale of property without prior court approval, and failing to advise the chapter 13 trustee of the sale, and failing to immediately turn over the proceeds of the sale to the chapter 13 trustee and using a portion of the funds for personal unauthorized use, 1 as well as, the numerous errors committed...
OPINION JERROLD N. POSLUSNY, JR. , Bankruptcy Judge . 1 Defendants Kley F. Peralta ("Debtor"), Susan Ooi and 19 Millard Place, LLC filed a motion to dismiss (the "Motion") the amended adversary complaint ("the Amended Complaint") filed by Santiago Davila. After Judge Gambardella heard argument on the Motion, the Court sua sponte raised the issue of whether it has subject matter jurisdiction over Susan Ooi and 19 Millard Place (the "Non-Debtor Defendants" and with Debtor, "Defendants")....
DECISION AND ORDER REGARDING CONFIRMATION OF CHAPTER 11 PLAN JOHN K. SHERWOOD , Bankruptcy Judge . The relief set forth on the following pages, two (2) through ten (10), is hereby ORDERED. FACTS AND PROCEDURAL HISTORY 1. On May 6, 2019, Bula World Holdings Limited Liability Company (the " Debtor ") filed for relief under Chapter 11 of the Bankruptcy Code. The Debtor is a single asset real estate entity pursuant to 11 U.S.C. 101(51B) and is the owner of real property located at 109 U....
DECISION AND ORDER REGARDING DEBTOR'S MOTION TO REDUCE CLAIMS OF EUN SOOK YANG AND YOUNG SOOK YANG JOHN K. SHERWOOD , Bankruptcy Judge . The relief set forth on the following pages, numbered two (2) through six (6), is hereby ORDERED. WHEREAS: 1. On November 20, 2018, Sung K. Yang (the " Debtor ") filed a motion to partially expunge claims of Eun Sook Yang and Young Sook Yang (the " Motion "). 1 Eun Sook Yang and Young Sook Yang (the " Secured Creditors ") filed opposition under the...
NOT FOR PUBLICATION OPINION ON SUMMARY JUDGMENT STACEY L. MEISEL , Bankruptcy Judge . In this adversary proceeding, the United States Trustee (" UST " or " Plaintiff ") challenges debtor Scott P. Cowan's (" Debtor " or " Defendant "), ability to obtain a discharge in his Chapter 7 bankruptcy case. The UST seeks denial of Debtor's discharge pursuant to 727(a)(3) of Title 11 of the United States Code (" Bankruptcy Code ") on the basis that Debtor "concealed, destroyed, mutilated,...
NOT FOR PUBLICATION MEMORANDUM OPINION GRANTING DEFENDANTS' MOTION FOR RECONSIDERATION Caption in Compliance with D.N.J. LBR 9004-2(c) MICHAEL B. KAPLAN , Bankruptcy Judge . This matter comes before the Court on a Motion for Reconsideration (ECF No. 141) filed by Defendants David Bruck, Esq. and Greenbaum, Rowe, Smith & Davis LLP ("Defendants") seeking reconsideration of this Court's July 26, 2019 Opinion and Order 1 which denied Defendants' Motion (ECF No. 116) seeking dismissal of the...
OPINION GRANTING THE PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS JERROLD N. POSLUSNY, JR. , U.S. BANKRUPTCY COURT JUDGE . Prior to the petition date, Erik Van Dexter ("Plaintiff") obtained a judgment (the "State Court Judgment") against Debtors/Defendants Scott A. Barr and Dana E. Barr (collectively the "Debtors") for abuse of process and against Dana Barr only for malicious prosecution. After the Debtors filed their Chapter 7 petition, Plaintiff filed a complaint seeking a...
MEMORANDUM DECISION GRANTING MOTION FOR SANCTIONS JERROLD N. POSLUSNY, JR. , U.S. Bankruptcy Judge . South Jersey Federal Credit Union ("Creditor"), by its counsel, Robert Malloy has brought a motion for sanctions (the "Motion") against Debtor's Counsel, Mark Ford, alleging violations of Federal Rule of Bankruptcy Procedure 9011, as well as asking this Court to impose sanctions pursuant to its inherent authority under section 105 of Title 11 of the United States Code (the "Bankruptcy Code"...
STIPULATION AND CONSENT ORDER TO REJECT THE LEASE FOR NON-RESIDENTIAL PROPERTY AND RELATED RELIEF VINCENT F. PAPALIA , Bankruptcy Judge . The relief set forth on the following pages, numbered two (2) through four (4) is hereby ORDERED. This Stipulation (the " Stipulation ") is entered into between Bridge Plaza Realty Associates LLC, by Mack-Cali Realty LP, sole member and Mack-Cali Realty Corporation, its general partner (collectively " Mack-Cali "), by and through its counsel, Reich...
OPINION JERROLD N. POSLUSNY, JR. , Bankruptcy Judge 1 . On May 29, 2019, the Court held a trial to consider a two-count complaint (the "Complaint") filed by Chapter 7 Trustee, Nancy Isaacson ("Plaintiff"). The Complaint seeks to: (1) recover an alleged shareholder loan balance of $206,920 owed by Alexander Ivchenko ("Defendant") under section 542(b) of the Bankruptcy Code; and (2) avoid and recover alleged fraudulent transfers made by the Debtor, Nationwide Ambulance Services, Inc. ("...
ANDREW B. ALTENBURG, JR. , Bankruptcy Judge . Robert A. Loefflad, Esq. Jennifer R. Gorchow, Esq. Francis J. Ballak, Esq. Ford, Flower, Office of the Chapter 13 Goldenberg, Mackler, Sayegh, Hasbrouck & King Standing Trustee Mintz, Pfeffer, Bonchi & Gill P.O. Box 405 535 Route 38 660 New Road, Suite No. 1-A Linwood, NJ 08221 Suite 580 Northfield, New Jersey 08225 Cherry...
NOT FOR PUBLICATION MEMORANDUM OPINION KATHRYN C. FERGUSON , Bankruptcy Judge . The Debtors filed a Second Modified Chapter 11 Plan 1 that provides for the secured claim of the IRS 2 in the amount of $225,884.28 to be reduced to $41,905. The reduced number represents the value of the Debtors' personal property, with the remainder of the claim to be reclassified as a general unsecured claim. The Plan provides for general unsecured creditors (Class 8) totaling approximately $1,882,348 to...
MICHAEL B. KAPLAN , Bankruptcy Judge . Re: Princeton Alternative Income Fund, LP Bankr. Case No.: 18-14603. Dear Counsel, This action comes before the Court by way of the motion filed on behalf of Matthew Cantor, the trustee for the Chapter 11 debtors, Princeton Alternative Income Fund, LP ("PAIF") and Princeton Alternative Funding, LLC ("PAF" and together with PAIF the "Debtors") by and through his counsel, Wollmuth Maher & Deutsch LLP, seeking approval pursuant to Rule 9019 of the...
