OPINION MATTER BEFORE THE COURT ROSEMARY GAMBARDELLA , BANKRUPTCY JUDGE . Before the Court is a Motion to Reopen Chapter 11 Case For The Limited Purpose of Enforcing the Chapter 11 Plan Discharge and Injunction filed by GEO Specialty Chemical Inc. and GEO Specialty Chemicals, Ltd. (collectively "GEO" or the "Reorganized Debtors"). GEO is seeking an order reopening its chapter 11 case pursuant to 11 U.S.C. 350(b), enforcing the Chapter 11 Plan Discharge and Injunction ordered by this...
OPINION ROSEMARY GAMBARDELLA , BANKRUPTCY JUDGE . MATTER BEFORE THE COURT Before the Court is a Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) and Fed R. Bankr. P. 7012, or in the alternative, for Summary Judgment pursuant to Fed. R. Civ. P. 56 and Fed. R. Bankr. 7056, filed by the Defendant seeking entry of an order dismissing the Chapter 7 Trustee's Adversary Complaint and compelling Plaintiff to discharge a Notice of Lis Pendens recorded with the Bergen County Clerk on April...
OPINION CHRISTINE M. GRAVELLE , U.S.B.J. Introduction In this motion the Court is tasked with determining whether a transfer of real property through a tax sale foreclosure constitutes a fraudulent conveyance or preference where the amount of the underlying tax sale certificate being foreclosed upon is significantly lower than the value of the property. The Court finds that the transfer herein may be avoided as a preference. As a result, the Court need not decide whether it can also be...
LETTER DECISION Motion for Relief from Stay CHRISTINE M. GRAVELLE , Bankruptcy Judge . Dear Litigants: I. Introduction The assignee of a tax sale certificate comes before this Court seeking relief from stay to pursue state court remedies against real property owned by the debtors. In making a determination, this Court must examine the effect of an order which expunged the proof of claim of the assignor prior to the assignment, as well as an order confirming a Chapter 13 plan which...
OPINION ROSEMARY GAMBARDELLA , Bankruptcy Judge . MATTER BEFORE THE COURT Before this Court is an Adversary Proceeding filed by Benjamin A. Stanziale, in his capacity as Chapter 7 Trustee for the Chapter 7 Estate of Carlos Torres and Marguerite Torres, for various relief under 11 U.S.C. 544(b)(1) and 550, and other relief. On August 12, 2015, and August 24, 2015, the trial was conducted. At the conclusion of Plaintiff's presentation, First American moved for judgment under Fed. R. Civ....
NOT FOR PUBLICATION OPINION JERROLD N. POSLUSNY, JR. , Bankruptcy Judge . Before the Court is the Motion (the "Motion") of Zhi Chen and Henghe North America, Inc. (the "Defendants") to dismiss all claims alleged by Zhejiang Topoint Photovoltaic Co., Ltd. ("Topoint") in its complaint, pursuant to Federal Rule of Civil Procedure 12(b)(6), made applicable by Bankruptcy Rule 7012, or for abstention pursuant to 28 U.S.C. 1367(a) and 1334. The Defendants allege: (1) this Court does not have...
NOT FOR PUBLICATION OPINION JERROLD N. POSLUSNY, JR. , Bankruptcy Judge . Before the Court is the Motion (the "Motion") of G&S Solar Installers LLC (the "Defendant") to dismiss all claims alleged by Zhejiang Topoint Photovoltaic Co., Ltd. ("Topoint") in its complaint due to an agreement for mandatory arbitration. The Defendant argues that the Court should enforce the parties' agreement to arbitrate, pointing to state and federal public policies. Topoint opposed the Motion, arguing that...
NOT FOR PUBLICATION OPINION CHRISTINE M. GRAVELLE , Bankruptcy Judge . Introduction Creditors, ISE America, Inc. and ISE Farms, Inc. ("ISE") move for reconsideration of this Court's May 31, 2017 Letter Decision and Order denying ISE's motion to convert or dismiss the Chapter 11 bankruptcy case of debtor, Moncada NJ Solar 201, LLC ("Moncada"). For the reasons that follow the Court will grant the motion and dismiss the case. Jurisdiction The Court has jurisdiction over this contested...
NOT FOR PUBLICATION OPINION JERROLD N. POSLUSNY, JR. , Bankruptcy Judge . Before the Court is Joseph Petryk's (the "Plaintiff") Motion for Summary Judgment (the "Motion") seeking judgment against Fredrick Costa (the "Debtor") and find that the claim filed by the Plaintiff in this bankruptcy is nondischargeable. For the reasons discussed herein, the Plaintiff's Motion is GRANTED in part, and DENIED in part. I. Background Frederick Costa (the "Debtor") is the owner of a property located...
MEMORANDUM DECISION ANDREW B. ALTENBURG, JR. , Bankruptcy Judge . I. INTRODUCTION Does 11 U.S.C. 1205(b)(4) bar a secured creditor from seeking, as part of adequate protection, allowance of an administrative expense priority claim. For the reasons set forth below, the court finds that the answer is "no." II. JURISDICTION AND VENUE The court has jurisdiction over this contested matter under 28 U.S.C. 1334(a) and 157(a) and the Standing Order of the United States District Court July...
NOT FOR PUBLICATION MEMORANDUM DECISION MICHAEL B. KAPLAN , Bankruptcy Judge . I. INTRODUCTION This matter comes before the Court on the motion of creditor, Ms. Veronica G. Ogden ("Movant") seeking relief from the automatic stay ("Motion") to pursue an execution sale of nondebtor estate property owned by two adult children and the nondebtor spouse. The Court has reviewed the parties' submissions, including the post hearing supplemental submissions, and considered the arguments presented...
MEMORANDUM DECISION MICHAEL B. KAPLAN , U.S.B.J. I. Introduction This matter comes before the Court on a motion by Debtor Stephen Zullo ("Debtor") seeking to avoid two judgment liens pursuant to 11 U.S.C. 522(f)(1): one held by the State of New Jersey, and the other by New Jersey Title Insurance Company ("NJTIC"). The State of New Jersey did not file an opposition or otherwise respond to Debtor's motion. NJTIC opposes Debtor's motion and objects to confirmation of Debtor's Amended...
NOT FOR PUBLICATION MEMORANDUM DECISION JERROLD N. POSLUSNY, Jr. , Bankruptcy Judge . INTRODUCTION This matter is before the Court upon the defendants' motion to dismiss (the "Motion") the adversary proceeding (the "Adversary Proceeding") filed by the plaintiff Richard Donnelly. The Adversary Proceeding stems from Donnelly's leveraged buy-out of the Debtor, Broad Street Media, LLC ("BSM") from several of the defendants through a sale contract. The primary dispute in this Motion is...
NOT FOR PUBLICATION OPINION DENYING RELIEF REQUESTED IN BOTHWELL'S MOTION JERROLD N. POSLUSNY, Jr. , Bankruptcy Judge . The issue before the Court is, on its face, a fairly simple one, a determination of whether the automatic stay imposed pursuant to section 362 of Title 11 of the United States Code (the "Bankruptcy Code"), bars the entry of a judgment obtained in a state court action. However, this issue is complicated because the parties have not presented this Court with sufficient...
MEMORANDUM DECISION Andrew B. Altenburg, Jr. , United States Bankruptcy Judge I. INTRODUCTION This court has been asked to decide a dispute between a debtor seeking return of a vehicle that she needs to drive to work and her personal property from inside the vehicle, and the creditor that repossessed it prepetition and refused to return it because it believed that the debtor had surrendered it. The debtor seeks turnover of the vehicle under 11 U.S.C. 542(a) and damages for violation of...
ORDER GRANTING MOTION FOR TURNOVER AND DENYING SANCTIONS FOR VIOLATION OF THE AUTOMATIC STAY ANDREW B. ALTENBURG, Jr. Bankruptcy Judge . The relief set forth on the following page, numbered two, is hereby ORDERED. THIS MATTER having come before the court by Motion for Return of Repossessed Auto and for Sanctions for Violation of Automatic Stay against Pine Valley Motors; and for the reasons set forth on the record and in a Memorandum Decision entered herewith; and for good cause shown;...
OPINION JERROLD N. POSLUSNY, Jr. , Bankruptcy Judge . Before the Court is the confirmation of Mr. and Mrs. Crane's (the "Debtors") Chapter 13 plan. MTGLQ Investors, LP ("MTGLQ") objects to confirmation of the plan because the Debtors propose to make payments to MTGLQ outside of the plan. Isabel Balboa, the Chapter 13 Trustee (the "Trustee") also opposes confirmation, arguing that payments on account of a cramdown of a secured claim, such as this one, cannot be made outside of a Chapter 13...
NOT FOR PUBLICATION MEMORANDUM OPINION KATHRYN C. FERGUSON , Bankruptcy Judge . The Chapter 7 Trustee for Angelo Francis Nucci filed a one-count complaint seeking to deny the debtor a discharge under 727(a)(2)(A), (a)(3), (a)(4)(A), and (a)(5). The court tried the case on July 20, 2017, and the parties were given an opportunity to file proposed findings of fact and conclusions of law. Mr. Nucci filed his post-trial submission on August 1, 2017 and the Trustee filed his on August 2, 2017....
MEMORANDUM DECISION ANDREW B. ALTENBURG, Jr. , Bankruptcy Judge . The debtors, William F. and Lauren B. Leahey, filed a motion to reconsider this court's denial of their motion to reopen their bankruptcy case to disclose an asset to be administered. This court had held that, though the lawsuit was property of the estate, reopening would be futile as the plan could not be modified to extend beyond 60 months. The court finds distinguishable the cases cited by the Leaheys in their...
OPINION ROSEMARY GAMBARDELLA , UNITED STATES BANKRUPTCY JUDGE . MATTER BEFORE THE COURT This matter comes before the Court by way of a Remand Order and Opinion dated September 16, 2016 issued by the United States District Court for the District of New Jersey (the "District Court") concerning confirmation of the Debtor's Modified Chapter 13 Plan. This Court previously entered an Order dated August 27, 2015 denying confirmation of Debtor's Modified Plan and dismissing Debtor's petition...
