DECISION AND ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ALAN S. TRUST , Bankruptcy Judge . Pending before the Court are the cross motions for summary judgment (the "Summary Judgment Motions") filed by Plaintiff Angelo Toscano ("Angelo", "Debtor", or "Plaintiff") ("Plaintiff's Summary Judgment Motion"), and by his brother Defendant Anthony Toscano ("Anthony" or "Defendant" and together with Debtor, the "Parties") ("Defendant's...
DECISION CARLA E. CRAIG , Chief Bankruptcy Judge . This matter comes to the Court on a motion by Debra Kramer, chapter 7 trustee (the "Trustee") to object to the claim of above-captioned Chapter 7 debtors ("Debtors") to exempt their 2015 Federal and State tax refunds from property of the estate (the "Trustee's Motion"). The Trustee seeks entry of an order under 11 U.S.C. 105, 521, 542(a), and 704(a), disallowing the debtors' claim of exemption for their 2015 tax refund, and an order...
DECISION DISMISSING DEBTOR'S CASE FOR FAILURE TO FILE A CONFIRMABLE CHAPTER 13 PLAN AND DISMISSING RELATED ADVERSARY PROCEEDINGS CARLA E. CRAIG , Chief United States Bankruptcy Judge . BACKGROUND AND PROCEDURAL HISTORY This chapter 13 case was filed on April 7, 2014. Eric H. Richmond (the "Debtor") is the principal of 231 Fourth Avenue Lyceum, LLC ("Lyceum"), a single asset real estate debtor which filed a voluntary petition under chapter 11 of the Bankruptcy Code in this Court on April...
ORDER DENYING MOTION TO REOPEN CHAPTER 7 CASE ALAN S. TRUST , Bankruptcy Judge . General Background On January 26, 2017, (the "Petition Date"), Cecilia Jones ("Debtor") filed a voluntary petition for relief under chapter 7 of title 11 of the United States Code (the "Bankruptcy Code"). [dkt item 1] Debtor is represented by Darren Aronow ("Debtor's Counsel"). As of the Petition Date, Debtor listed her residence as 3 Teller Avenue, Coram, New York 11727 (the "Property"). Debtor asserts in...
ORDER DISMISSING PLAINTIFFS' COMPLAINT CARLA E. CRAIG , Bankruptcy Judge . WHEREAS , George Pappas and Proactive Dealer Services, Inc., (the "Plaintiffs") obtained a judgment against Jennifer Gucciardo (the "Debtor") in the Supreme Court of the State of New York, County of Queens (the "State Court Judgment") on February 6, 2012; and WHEREAS , the Debtor filed a voluntary petition for relief under Chapter 7 of the Bankruptcy Code on May 16, 2014; and WHEREAS , the Plaintiffs filed a...
DECISION AFTER TRIAL CARLA E. CRAIG , Chief United States Bankruptcy Judge . This matter comes before the Court following a trial in this adversary proceeding, in which Plaintiffs, George Pappas and Proactive Dealer Services, Inc. (the "Plaintiffs") seek a determination that the debt created by a state court judgment issued in their favor against the debtor, Jennifer A. Gucciardo (the "Debtor"), is non-dischargeable under 523(a)(4) and 523(a)(6). 1 For the reasons set forth below, the...
MEMORANDUM DECISION ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ELIZABETH S. STONG , Bankruptcy Judge . Introduction Before the Court is the motion of defendant Jerry Choez for an order pursuant to Federal Rule of Civil Procedure 56(a), as incorporated by Rule 7056 of the Federal Rules of Bankruptcy Procedure, for summary judgment on his counterclaim and on the claims set forth in the amended complaint of Alliance Shippers, Inc. ("Alliance") in this adversary proceeding. The counterclaim...
ORDER REOPENING CASE FOR LIMITED PURPOSE AND GRANTING IN PART AND DENYING IN PART MOTION TO AVOID JUDICIAL LIENS ALAN S. TRUST , Bankruptcy Judge . Pending before the Court is Mark C. Healey's ("Debtor") motion to reopen his bankruptcy case to avoid certain judicial liens (the "Motion"). [dkt item 42] For the reasons herein Debtor's Motion is granted in part and denied in part. Background On January 25, 2016 (the "Petition Date"), Debtor filed a voluntary petition for relief under...
MEMORANDUM DECISION AND ORDER (Re: ECF Nos. 19 and 24) ROBERT E. GROSSMAN , Bankruptcy Judge . Before the Court are motions by certain of the defendants in this adversary proceeding to impose monetary sanctions in the form of attorneys' fees and the costs of defending this action, against the pro se plaintiff Steven Georgilis ("Mr. Georgilis"), pursuant to 11 U.S.C. 105(a) and this Court's inherent authority to sanction abusive litigation practices. This adversary proceeding was...
ORDER DENYING MOTION FOR RECONSIDERATION ALAN S. TRUST , Bankruptcy Judge . General Background 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"). On January 13, 2016, Debtor filed bankruptcy schedules, including Schedule A/B, asserting, inter alia, a fee simple ownership interest in various parcels of real...
ORDER GRANTING RELIEF FROM THE AUTOMATIC STAY AND OVERULING OBJECTION TO CLAIM ALAN S. TRUST , Bankruptcy Judge . Currently pending before the Court are: Samuel Osuji's ("Debtor") motion objecting to a proof of claim (the "Claim Objection") filed in his bankruptcy case by MTGLQ Investors, L.P., successor in interest to JPMorgan Chase Bank, N.A. ("MTGLQ"), relating to property located at 95 Angevine Avenue, Hempstead, NY 11550 (the "Property"); and MTGLQ's motion for relief from the...
PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW CARLA E. CRAIG , Bankruptcy Judge . The following matters are before the Court: (1) the amended petition of The Birkin Funding Trust, The Evelyn Funding Trust, The Kelly Funding Trust, and The Lindy Funding Trust (collectively, the "Trusts") pursuant to New York Civil Practice Law and Rules ("CPLR") 6221 and Rule 64 of the Federal Rules of Civil Procedure, seeking to vacate a restraining order and an order of attachment against assets...
DECISION ON MOTION PURSUANT TO 11 U.S.C. 522(f) CARLA E. CRAIG , Chief United States Bankruptcy Judge . SUMMARY This matter comes before the court on the motion pursuant to 11 U.S.C. 522(f)(2) filed by Jennifer Gucciardo (the "Debtor") to avoid the judicial lien in the amount of $213,169.53 (the "Judicial Lien") of George Pappas and Proactive Dealer Services, Inc. (the "Lienholders") on the Debtor's primary residence. The Debtor contends that her homestead exemption is impaired because...
MEMORANDUM DECISION ON PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT HONORABLE ELIZABETH S. STONG , UNITED STATES BANKRUPTCY JUDGE . Introduction Before the Court is a motion for partial summary judgment by plaintiffs Gu Zhong Wu, Rong Zheng, and Wen Dong Lin seeking an order finding that the default judgment entered against the defendant Qiao Lin and others in Wu v. Glyphs Garden, Inc., No. 12-07995 (S.D.N.Y. May 20, 2013) (the "District Court Action"), a case brought by these...
MEMORANDUM DECISION ON TREY WHITFIELD SCHOOL'S MOTION TO DISMISS THE AMENDED COMPLAINT ELIZABETH S. STONG , Bankruptcy Judge . Introduction Before the Court is the motion of Trey Whitfield School ("Trey Whitfield" or the "School") to dismiss the Amended Complaint filed by Robert L. Geltzer, the Chapter 7 Trustee of the Estate of Judith P. Michel. Ms. Michel's young children attended Trey Whitfield — and Ms. Michel paid tuition to the School — for several years before this bankruptcy case...
MEMORANDUM DECISION ON LAWRENCE WOODMERE ACADEMY'S MOTION TO DISMISS THE AMENDED COMPLAINT HONORABLE ELIZABETH S. STONG , UNITED STATES BANKRUPTCY JUDGE . Introduction Before the Court is the motion of Lawrence Woodmere Academy ("Lawrence Woodmere" or the "School") to dismiss the Amended Complaint filed by Robert L. Geltzer, the Chapter 7 Trustee of the Estate of Judith P. Michel. Ms. Michel's young children attended Lawrence Woodmere Academy — and Ms. Michel paid tuition to the School —...
MEMORANDUM DECISION ON CARVER FEDERAL SAVINGS BANK'S MOTION FOR PARTIAL SUMMARY JUDGMENT HONORABLE ELIZABETH S. STONG , UNITED STATES BANKRUPTCY JUDGE . Introduction Before the Court is the motion of Carver Federal Savings Bank ("Carver") for partial summary judgment on three claims asserted in the Complaint dated January 1, 2015 (the "Summary Judgment Motion"), on grounds that there is no genuine dispute as to a material fact as to each element of these claims and that as a result,...
ORDER GRANTING SUMMARY JUDGMENT IN FAVOR OF TRUSTEE ALAN S. TRUST , Bankruptcy Judge Pending before the Court is the motion for partial summary judgment (the "Summary Judgment Motion") filed by Plaintiff, Andrew M. Thaler the Chapter 7 Trustee (the "Trustee") on behalf of the bankruptcy estate of Holub Enterprises, Inc. ("Holub" or the "Debtor"). The Trustee seeks summary judgment on the claims he filed against Defendants Capital One, N.A. and DL Rothberg & Associates, P.C. For the...
DECISION AND ORDER SUSTAINING CLAIM OBJECTIONS FOR PURPOSES OF DETERMINING CHAPTER 13 ELIGIBILITY ALAN S. TRUST , Bankruptcy Judge . Issues Pending and Summary of Decision Pending before the Court are motions filed by Didar Singh ("Singh") and Sarbjit Kaur ("Kaur") (collectively, "Debtors") concerning proofs of claim filed by First Jersey Credit Union ("First Jersey"). Debtors are each guarantors of loans made by First Jersey to corporate entities in which Debtors each own interests....
DECISION ON MOTION FOR SUMMARY JUDGMENT CARLA E. CRAIG , Chief United States Bankruptcy Judge . This motion for summary judgment comes before the Court on a motion by Robert J. Musso, chapter 7 trustee (the "Trustee") to enforce the terms of a stipulation of settlement between Ladder 3 Corp. (the "Debtor" or "Ladder 3") and OTR Media Group, Inc. ("OTR Media Group" or the "Defendant"). For the reasons set forth below, the Trustee's motion for summary judgment is granted, and the...
