FINDINGS OF FACT AND CONCLUSIONS OF LAW MICHAEL B. KAPLAN , Bankruptcy Judge . I. Introduction This matter comes before the Court upon the Second Amended Complaint ("Complaint") filed by Plaintiff, Theodore Liscinski, Chapter 7 Trustee ("Plaintiff" or "Trustee") against Defendants Gil Korine ("Korine"), Freeport Paper Industries, Inc. ("Freeport Paper"), Avco Industries, Inc. ("Avco"), and Westco, Inc. ("Westco") (collectively, with Freeport Paper, Avco, and Westco, the "Affiliated...
OPINION THE HONORABLE JOHN K. SHERWOOD , BANKRUPTCY JUDGE . Before the Court is the motion of plaintiff John W. Sywilok, chapter 7 trustee (the "Trustee") of the bankruptcy estate of James H. Gianninoto (the "Debtor"), for partial summary judgment against defendant JP Morgan Chase, NA ("Chase"). The Trustee's motion seeks a declaration that Chase does not have a security interest in the Debtor's property located at 19 Glenwood Road, Upper Saddle River, New Jersey 07458 (the "...
NOT FOR PUBLICATION MEMORANDUM OPINION HONORABLE VINCENT F. PAPALIA , Bankruptcy Judge . I. INTRODUCTION This matter comes before the Court on the Motion for Reconsideration filed by Debtor-defendant Keith Barksdale (the "Debtor"), under FED. R. BANKR. P. 9024, of the Order Granting Motion of Ledgemont International Media Holdings, LLC, and Media Entertainment Communication Holding for (I) Relief from the Automatic Stay under 11 U.S.C. 362 to Continue the Delaware Chancery...
NOT FOR PUBLICATION OPINION JERROLD N. POSLUSNY, Jr. , Bankruptcy Judge . INTRODUCTION This matter is before the Court upon the Defendants' motion to dismiss (the "Motion to Dismiss") the adversary proceeding (the "Adversary Proceeding") filed by the Chapter 7 Trustee. The Court also asked the parties to brief whether mandatory or permissive abstention applies to this Adversary Proceeding. For the reasons set forth below, the Motion to Dismiss is denied, and the Court will not abstain....
ORDER APPROVING SALE OF ASSETS TO FIRST PRIORITY EMERGENCY VEHICLES, INC. FREE AND CLEAR OF LIENS, CLAIMS, ENCUMBRANCES AND INTERESTS VINCENT F. PAPALIA , Bankruptcy Judge . The relief set forth on the following pages numbered two (2) through three (3) is hereby ORDERED. This matter having been opened to the Court by Information for Notice of Private Sale ("NOI") submitted by Nancy Isaacson, Esq., chapter 7 trustee ("Trustee") for the estate of Echostream Motor Group, LLC d/b/a/ Odyssey...
NOT FOR PUBLICATION OPINION CHRISTINE M. GRAVELLE , Bankruptcy Judge . Introduction Creditors, Sequoia Healthcare Services, LLC ("Sequoia") and Essex Capital Corporation ("Essex") (together, "Movants") come before this Court seeking entry of an order revoking the pro hac vice admission of Jeffrey K. Garfinkle, Esq. ("Mr. Garfinkle"), counsel for McKesson Medical-Surgical Minnesota Supply, Inc. ("McKesson"). After reviewing the written submissions of the parties and conducting oral...
NOT FOR PUBLICATION OPINION VINCENT F. PAPALIA , Bankruptcy Judge . I. PRELIMINARY STATEMENT These matters come before the Court on the motion of Ms. Hyoja Akiko Moore, Debtor pro se (the "Debtor"), for reconsideration of the Bankruptcy Court's March 27, 2015 Order Denying Debtor's Motion (1) to Compel Powers Kirn LLC to Prove That It Represents Wells Fargo Bank, N.A. and (2) to Hold Powers Kirn LLC in Violation of the Stay under 11 U.S.C. 362(k) (the "March 27, 2015 Order"); on...
NOT FOR PUBLICATION James P. D'Alessandro, Esq. Muscarella, Bochet, Edwards & D'Alessandr 10-04 River Road Fair Lawn, New Jersey 07410 Jeffrey W. Herrmann, Esq. Cohn Lifland Pearlman Herrmann & Knopf LLP 250 Pehle Ave., Suite 401 Saddle Brook, New Jersey 07663 Re: In re Cederbaum (No. 12-40081-VFP) Edwards v. Hecht et al. Adversary Proceeding (No. 13-01203-VFP) Dear Counsel: Before the Court is the motion (the " Motion ") of defendant Adi Hecht (the " Defendant ") for summary judgment...
NOT FOR PUBLICATION MEMORANDUM DECISION ANDREW B. ALTENBURG, Jr. , Judge . JURISDICTION This court has jurisdiction pursuant to 28 U.S.C. 1334(a) and 157(a) and the Standing Order of the United States District Court dated September 18, 2012, referring all bankruptcy cases to the bankruptcy court. Further, this matter is a core proceeding within the meaning of 28 U.S.C. 157(b)(2)(O) and venue is proper in this court pursuant to 28 U.S.C. 1408. Accordingly, the court issues the...
NOT FOR PUBLICATION ANDREW B. ALTENBURG, Jr. , Bankruptcy Judge . MEMORANDUM DECISION JURISDICTION This court has jurisdiction pursuant to 28 U.S.C. 1334(a) and 157(a) and the Standing Order of the United States District Court dated September 18, 2012, referring all bankruptcy cases to the bankruptcy court. Further, this matter is a core proceeding within the meaning of 28 U.S.C. 157(b)(2)(O) and venue is proper in this court pursuant to 28 U.S.C. 1408. Accordingly, the court...
NOT FOR PUBLICATION OPINION JERROLD N. POSLUSNY, Jr. , Bankruptcy Judge . INTRODUCTION This matter is before the Court upon Discover Bank's motion (the "Motion") to dismiss the amended adversary complaint (the "Complaint") filed by Kashif Rahman. Amer A. Qureshi and Menahil Amer have filed a joinder (the "Joinder") to the Motion. The Motion and Joinder argue that the Court lacks subject matter jurisdiction. For the reasons set forth below, the Motion is granted, and the Joinder is...
MEMORANDUM DECISION ANDREW B. ALTENBURG, Jr. , Bankruptcy Judge . Dear Ms. Balboa and Messrs. Reinganum, Hoffman, and Wasserstrum: The following constitutes the court's findings of facts and conclusions of law. These matters were originally brought before the court on August 26, 2015 through responses/objections to Notice of Funds on Hand in Case Converted From Chapter 13 to Chapter 7 (the "Notice") filed by Isabel C. Balboa, the chapter 13 trustee (the "Standing Trustee"). Since the...
ORDER OVERRULING RESPONSES AND OBJECTIONS TO NOTICE OF FUNDS ON HAND IN CASES CONVERTED FROM CHAPTER 13 TO CHAPTER 7 ANDREW B. ALTENBURG, Jr. , Bankruptcy Judge . The relief set forth on the following page is hereby ORDERED.
NOT FOR PUBLICATION JOHN K. SHERWOOD , Bankruptcy Judge . Dear Counsel: Before the Court is the motion (the " Motion ") of Wells Fargo Bank, N.A., d/b/a/Americas Servicing Company (" Wells Fargo "), and U.S. Bank, N.A. as Trustee for Residential Asset Securities Corporation, Home Equity Mortgage Asset-Backed Pass-through Certificates, Series 2005-EMX5 (" U.S. Bank ," together with Wells Fargo, collectively, the " Defendants ") to dismiss the adversary complaint (the " Complaint ") filed...
NOT FOR PUBLICATION JOHN K. SHERWOOD , Bankruptcy Judge . Dear Counsel and Defendants: This matter is before the Court pursuant to Motions to Enter Default Judgment filed in two separate adversary proceedings, both initiated within the bankruptcy case of In re Sportcraft, Ltd. , Case No. 11-46684 (JKS): Eric R. Perkins, Chapter 7 Trustee v. Hangzhou Sibading Import & Export Co., Ltd. , Adv. Pro. No. 13-1408 (" Sibading Adversary "); and Eric R. Perkins, Chapter 7 Trustee v. Hangzhou...
OPINION DONALD H. STECKROTH, Bankruptcy Judge. Before the Court is the motion ("Motion") of Etty Cymet-Meor Jai ("Debtor") to dismiss the adversary complaint ("Complaint") filed by plaintiff David Sadek ("Plaintiff"). The Motion asserts that the Complaint, which seeks to deny the Debtor's discharge pursuant to sections 523 and 727 of the Bankruptcy Code, must be dismissed because it was not timely filed within 60 days of the first scheduled meeting of creditors as required by Federal Rules...
OPINION DONALD H. STECKROTH, Bankruptcy Judge. Melanie L. Cyganowski, as Chapter 11 Trustee (the "Trustee") for the estate of Biolitec, Inc. ("Biolitec" or the "Debtor"), and AngioDynamics, Inc. ("AngioDynamics") (collectively, the "Plaintiffs") applied for an order to show cause with temporary restraints (the "Application") against Biolitec U.S., Inc. ("New Biolitec"), Biolitec AG, Biolitec Medical Devices, Inc., Biomed Technology Holdings Ltd. ("Biomed"), CeramOptec Industries, Inc.,...
