MEMORANDUM DECISION ON MOTION TO TERMINATE THE APPOINTMENT OF THE CHAPTER 11 TRUSTEE ELIZABETH S. STONG, Bankruptcy Judge. Chana Taub, the Debtor in this Chapter 11 bankruptcy case, seeks the entry of an order terminating the appointment of Lori Lapin Jones, the Chapter 11 Trustee, and for an accounting of the Trustee's fees and expenses as well as those of her retained professionals. The Debtor also asks to be returned to debtor-in-possession status, and for any other relief that seems...
MEMORANDUM DECISION ON MOTION FOR SANCTIONS ELIZABETH S. STONG, Bankruptcy Judge. Chana Taub, the Debtor in this Chapter 11 bankruptcy case, seeks the imposition of sanctions against Lori Lapin Jones, the Chapter 11 Trustee. The Debtor argues that the Trustee should be sanctioned for, among other reasons, failing to discharge her fiduciary obligations in managing the estate, violating Court orders, and seeking to convert this case to one under Chapter 7. The Debtor also asks the Court to...
MEMORANDUM DECISION ROBERT E. GROSSMAN, Bankruptcy Judge. Before the Court is a motion (the "Motion"), by the Debtor's non-filing spouse, Jay Grotenstein (the "Non-Debtor Spouse"), which seeks an order of this Court finding that his share of a post-confirmation joint tax refund need not be disgorged to the chapter 13 trustee (the "Trustee"). In opposition, the Trustee argues that the confirmed chapter 13 plan (the "Plan") provides for the turn over to the Trustee of the Debtor's post-...
MEMORANDUM DECISION ON MOTION TO DISMISS INVOLUNTARY BANKRUPTCY PETITION ELIZABETH S. STONG, Bankruptcy Judge. Before the Court is the motion of the alleged Debtor, Simon Taub, brought on by order to show cause, to dismiss this involuntary Chapter 7 case pursuant to Bankruptcy Code Section 303(b) (the "Motion to Dismiss"). Docket No. 10. Mr. Taub also seeks attorney's fees and sanctions under Bankruptcy Code Section 303(i). Jurisdiction The Court has jurisdiction over this contested matter...
Memorandum Decision ROBERT E. GROSSMAN, Bankruptcy Judge. The matter is before the Court pursuant to an application by Kenneth Kirschenbaum, Esq. (the "Trustee" or "Administrator"), the Chapter 7 trustee for the consolidated estates of The Robert Plan Corporation ("RPC") and The Robert Plan of New York Corporation ("RPNY") (collectively, the "Debtors"). The Trustee filed motions seeking authorization to (1) act as administrator of RPC's pension plan and RPC's Retirement Savings Plan (the "...
MEMORANDUM DECISION ON MOTION FOR RELIEF FROM THE AUTOMATIC STAY ELIZABETH S. STONG, Bankruptcy Judge. Before the Court is the motion for relief from the automatic stay (the "Lift Stay Motion") by Simon Taub, the estranged husband of Chana Taub, and the alleged debtor in this involuntary Chapter 7 case. Mr. Taub moves for an order pursuant to 11 U.S.C. 362(d)(1), terminating the automatic stay to allow him and Ms. Taub to proceed to conclusion and the entry of judgment with the matrimonial...
CARLA E. CRAIG, Chief Judge. Before the Court is the motion of the alleged Debtor, Simon Taub, brought on by order to show cause, seeking the entry of an order dismissing this involuntary Chapter 7 case pursuant to Bankruptcy Code 303(b) (the "Motion to Dismiss"). Docket No. 4. Chana Taub, one of three petitioning creditors, opposed the Motion to Dismiss on September 1, 2010. Docket No. 7. On September 2, 2010, Mr. Taub filed a reply. Docket No. 8. Also on September 2, 2010, the Court held...
MEMORANDUM DECISION ROBERT E. GROSSMAN, Bankruptcy Judge. This matter is before the Court pursuant to a third-party complaint commenced by the Debtor pre-petition, which was subsequently removed to the Bankruptcy Court. Neil H. Ackerman, Esq. ("Trustee"), the Chapter 7 trustee in the matter of Marine Risks, Inc. ("Debtor") has been substituted as the plaintiff in place of the Debtor, and Walter Pilipiak ("Defendant") is the defendant. The first cause of action in the complaint asserts that...
DECISION CARLA E. CRAIG, Chief Judge. This matter comes before the Court on the motion (the "Motion") of Isack Rosenberg ("the Debtor") to enter into a stipulation (the "Proposed Stipulation") with Capital One, N.A. ("Capital One"), extending the deadline for the closing of a transaction in with the debt owed to Capital One would be purchased at a discount, as set forth in a previously approved stipulation between those parties. The Motion was opposed by Galster Funding, L.L.C., RCG Longview...
