DECISION ROBERT E. GROSSMAN , Bankruptcy Judge . Before the Court is a motion by the chapter 7 trustee, Marc A. Pergament, (the "Trustee") for an order approving the retention of Weinberg, Gross & Pergament LLP ("WGP") as general counsel to the Trustee nunc pro tunc to February 2, 2019 (ECF No. 18, "Motion to Retain"). 1 " Nunc pro tunc retentions" are common practice in bankruptcy matters largely resulting from the statutory framework for compensation of estate professionals set...
MEMORANDUM DECISION ON PLAINTIFF BENJAMIN PLAZA, JR.'S MOTION FOR SUMMARY JUDGMENT ELIZABETH S. STONG , Bankruptcy Judge . Introduction This adversary proceeding arises from a fistfight between the debtor, Michael Heilbron, and the plaintiff, Benjamin Plaza, Jr. in June 2008; Mr. Heilbron's criminal plea to a single misdemeanor assault charge; a default judgment in Mr. Plaza's personal injury action against Mr. Heilbron; and now, Mr. Heilbron's attempt to discharge the default judgment...
DECISION DENYING MOTION FOR SUMMARY JUDGMENT CARLA E. CRAIG , Bankruptcy Judge . This matter comes before the Court on the motion of 1988 Morris Ave LLC, 1974 Morris Ave LLC, 700 Beck St LLC, 1143 Forest Ave LLC, and 1821 Topping Ave LLC (collectively, the "Defendants") seeking summary judgment (the "Summary Judgment Motion") dismissing this action commenced by FMTB BH LLC (the "Plaintiff") for specific performance in connection with five contracts of sale to purchase five parcels of real...
ORDER GRANTING PLAINTIFFS MOTION FOR SUMMARY JUDGMENT ALAN S. TRUST , Bankruptcy Judge . Procedural history On February 15, 2017 (the "Petition Date"), Kyle E. Norton (the "Debtor" or "Defendant") commenced his Chapter 7 case by filing a voluntary petition for relief under Chapter 7 of title 11 of the United States Code, 11 U.S.C. 101, et seq. (the "Bankruptcy Code") in the United States Bankruptcy Court for the Eastern District of New York (the "Bankruptcy Court"). On April 21, 2017,...
DECISION ROBERT E. GROSSMAN , Bankruptcy Judge . Before the Court is a motion (the "Motion") by Yuval Golan (the "Debtor") to, inter alia : (1) enforce the automatic stay, 11 U.S.C. 362(a), (2) void any action(s) taken in violation of the stay, and (3) impose monetary damages for alleged willful violation of the automatic stay by creditor Jonathan E. Kroll & Associates, PLLC ("Kroll"). Kroll is counsel to the Debtor's wife 1 in a state court matrimonial proceeding, and is also a...
MEMORANDUM DECISION ROBERT E. GROSSMAN , Bankruptcy Judge . This matter is before the Court pursuant to motions for summary judgment in an adversary proceeding commenced in the case of Michael Kramer and Margaret Kramer (the "Debtors") by Robert Pryor, the Chapter 7 trustee ("Trustee" or "Plaintiff") seeking to have mortgages recorded against the Debtors' residence deemed unenforceable. One mortgage, held by Fremont Investment & Loan ("Fremont") and dating from 2001, was satisfied by a...
ORDER OVERULING DEBTOR'S OBJECTION TO PROOF OF CLAIM ALAN S. TRUST , Bankruptcy Judge . On December 30, 2015, the above captioned debtor, Samuel Osuji (the "Debtor") filed a voluntary petition for relief under chapter 7 of the Bankruptcy Code. Kenneth Kirschenbaum was appointed the chapter 7 trustee (the "Trustee"). In the Debtor's bankruptcy petition, under Schedule F, Debtor lists two (2) debts owed to "National Student Loan", in the respective amounts of $1,599.00 and $1,501.00. Both...
MEMORANDUM DECISION AND ORDER Louis A. Scarcella , United States Bankruptcy Judge . This matter is before the Court on the objection of the chapter 7 trustee, Andrew M. Thaler, Esq., to the exemption claimed by the debtors pursuant to 11 U.S.C. 522(b), 1 New York Debtor and Creditor Law 282(2), 2 and Bankruptcy Rule 4003(b) in a certain workers' compensation award of $45,623.23 received by the debtors before they filed for bankruptcy. Specifically, the trustee asserts that under...
DECISION DETERMINING CLAIM AFTER EVIDENTIARY HEARING HONORABLE NANCY HERSHEY LORD , UNITED STATES BANKRUPTCY JUDGE . Before the Court is the motion (the " Motion ") of GEK Realty and Home Improvement LLC (the " Debtor " or " GEK "), seeking to expunge or reduce the claim asserted against the Debtor by BHMPW Funding LLC (" BHMPW " or " Creditor ") by way of its Proof of Claim No. 3 filed in this case (the " Claim "), pursuant to 11 U.S.C. 502 and Rule 3007 of the Federal Rules of...
DECISION AFTER TRIAL HONORABLE NANCY HERSHEY LORD , UNITED STATES BANKRUPTCY JUDGE . INTRODUCTION Before this Court is an adversary proceeding commenced by plaintiff Suparo International Inc. ("Suparo" or "Plaintiff"), seeking a determination that the debt owed by Sanjay Kedia, the debtor and defendant herein, is non-dischargeable pursuant to 11 U.S.C. 523(a)(2)(A) 1 and (a)(6). 2 The Court held a trial on the matter. As set forth below, the Court finds that Suparo established by a...
DECISION AND ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND TRUSTEE'S CROSS-MOTION FOR SUMMARY JUDGMENT Nancy Hershey Lord , United States Bankruptcy Judge . Plaintiff John S. Pereira, chapter 7 trustee (the "Trustee") of the estate of Thomas R. Heavey (the "Debtor"), commenced the above-captioned adversary proceeding against Prompt Mortgage Providers of North America, LLC (the "Defendant"): (1) challenging the validity and extent of the Defendant's mortgage lien encumbering property...
ORDER CONVERTING DEFENDANT'S MOTION TO DISMISS TO A MOTION FOR SUMMARY JUDGMENT ALAN S. TRUST , Bankruptcy Judge . Pending before the Court is the motion to dismiss (the "Motion to Dismiss") filed by Patricia M. Frank ("Frank"), to dismiss the complaint (the "Complaint") filed by R. Kenneth Barnard, Esq., solely in his capacity as Chapter 7 Trustee ("Trustee" or "Plaintiff"). Defendant seeks dismissal of the Complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure (the "Rules"...
ORDER DENYING DEBTOR'S MOTION TO RECONSIDER FINAL COMPENSATION ORDERS ALAN S. TRUST , Bankruptcy Judge . General Background 1 On November 9, 2015, Maura E. Lynch ("Debtor") filed a voluntary petition for relief under chapter 11 of title 11 of the United States Code (the "Bankruptcy Code"). On June 28, 2017, the Court entered an Order converting the above-captioned case to a case under Chapter 7 of the Bankruptcy Code. [dkt item 457] On June 28, 2017, R Kenneth Barnard was appointed as...
DECISION AND ORDER GRANTING RELIEF FROM THE AUTOMATIC STAY, CO-DEBTOR STAY, AND IN REM RELIEF ALAN S. TRUST , Bankruptcy Judge . Pending before the Court is the motion (the "Stay Relief Motion") of Wells Fargo Bank, N.A. as servicing agent for U.S. Bank National Association, as Trustee for MASTR Asset Backed Securities Trust 2006-WMC2, Mortgage Pass-Through Certificates, Series 2006-WMC2 ("U.S. Bank" or "Movant") seeking, among other things, in rem relief pursuant to 11 U.S.C. 362(d)(4)(...
DECISION DENYING DEBTOR'S MOTION TO RECONSIDER AND DENYING PLAINTIFF'S REQUESTS FOR ADDITIONAL SANCTIONS CARLA E. CRAIG , Chief United States Bankruptcy Judge . Before the Court is a motion for reconsideration filed by Robert Feldman (the "Debtor"); two motions filed by Donald Glassman ("Glassman"), a creditor of the Debtor, seeking sanctions against the Debtor and the Debtor's former counsel, Steven D. Hamburg ("Hamburg"); and Glassman's application for an order striking and sealing the...
MEMORANDUM DECISION Robert E. Grossman , United States Bankruptcy Judge . Introduction This matter is before the Court pursuant to a motion ("Motion") by the Town of Smithtown (the "Town" or the "Defendant") for summary judgment to dismiss the complaint filed by Robert Pryor, the Chapter 7 trustee ("Trustee" or "Plaintiff") in which the Trustee seeks to recover the value of labor and materials provided by the Debtor to the Town pre-petition as a constructive fraudulent conveyance...
DECISION AFTER TRIAL ROBERT E. GROSSMAN , Bankruptcy Judge . This matter is before the Court pursuant to an adversary proceeding commenced by Gardiners Bay Landscape & Design, Inc. (the "Plaintiff" or "Gardiners Bay") against Christopher Postiglione (the "Debtor" or "Postiglione") to deny the Debtor's discharge pursuant to 11 U.S.C. 727(a)(2), (a)(3), (a)(4) and (a)(5). 1 The Plaintiff is a creditor in this case by virtue of the Debtor's default of an asset purchase agreement pursuant...
MEMORANDUM DECISION ROBERT E. GROSSMAN , Bankruptcy Judge . Introduction This matter comes before the Court pursuant to an adversary proceeding commenced by Allan B. Mendelsohn, the Chapter 7 Trustee (the "Trustee") against John A. Walczuk (the "Debtor") seeking denial of the Debtor's discharge pursuant to 11 U.S.C. 727(a)(2)(A), (a)(2)(B), (a)(3), (a)(4)(A), and (a)(4)(D). The Trustee's allegations center on the Debtor's pre-petition involvement with Zephirblue, LLC ("Zephirblue"),...
MEMORANDUM DECISION AND ORDER LOUIS A. SCARCELLA , Bankruptcy Judge . Introduction The United States of America, on behalf of the Internal Revenue Service ("IRS"), moved pursuant to 11 U.S.C. 362(d)(1) for entry of an order vacating the automatic stay imposed in this chapter 7 case under 11 U.S.C. 362(a) 1 to permit the IRS to commence proceedings in the United States Tax Court ("Tax Court") to fix the amount of the debtor's alleged income tax liability for tax years 1999 and 2000 [...
MEMORANDUM OPINION AND ORDER GRANTING RELIEF FROM THE AUTOMATIC STAY Alan S. Trust , United States Bankruptcy Judge . Statement of issues and summary of ruling Currently pending before the Court is a motion for relief from the automatic stay filed by a mortgage servicer, seeking to return to state court to continue a foreclosure action relating to Debtor Joann Kolnberger's ("Debtor") principal residence (the "Motion"). Debtor filed an objection (the "Objection") and has also filed an...
