MEMORANDUM-DECISION AND ORDER ROBERT E. LITTLEFIELD, JR. , Bankruptcy Judge . Before the Court is Laurie A. Todd's ("Debtor" or "Todd") First Amended Motion to Disallow, Reduce or Expunge Endurance American Insurance Company's ("Endurance") claim. 1 ("Motion" or "Motion to Disallow," ECF No. 297.) The Motion was argued on May 16, 2018 and January 9, 2019 and became fully submitted on August 14, 2019. The Court has jurisdiction pursuant to 28 U.S.C. 157(a), (b)(1), (b)(2)(A), (b)(2)(B),...
MEMORANDUM-DECISION AND ORDER ROBERT E. LITTLEFIELD, JR. , Bankruptcy Judge . Currently before the Court is the Chapter 7 Trustee's ("Trustee") objection to Laurie Todd's ("Debtor") exemptions claimed under Florida law pursuant to 11 U.S.C. 522(b)(3)(A). The Court has jurisdiction over this proceeding pursuant to 28 U.S.C. 157(a), (b)(1), and (b)(2). BACKGROUND AND PROCEDURAL HISTORY The Debtor commenced a chapter 11 case on May 20, 2015 ("Petition Date") by filing a voluntary...
MEMORANDUM-DECISION DIANE DAVIS , Bankruptcy Judge . I. Introduction This matter is before the Court on motions filed by the United States Trustee and Gary L. Philipson ("Philipson"), seeking conversion of the chapter 11 case to a case under chapter 7 pursuant to 11 U.S.C. 1112(b). 2 The United States Trustee filed its motion on July 30, 2019 (the "UST Motion," ECF No. 463). Herb Philipson's Army and Navy Stores, Inc. ("Debtor") filed an Objection on August 13, 2019 (ECF No. 475),...
Memorandum-Decision and Order MARGARET CANGILOS-RUIZ , Bankruptcy Judge . Plaintiffs Henry Hon and Michele Domres-Hon object to the discharge of Defendant-Debtor Walter Regan under 11 U.S.C. 727(a)(2)(A), (a)(2)(B), (a)(3), (a)(4)(A), (a)(4)(B), (a)(4)(C), and (a)(5). Plaintiffs allege standing to bring this action as creditors who assert a $273,500.00 unsecured claim for money purportedly lent to Debtor. Debtor objects to Plaintiffs' claim and seeks dismissal of the complaint, in part...
DECISION AND ORDER ROBERT E. LITTLEFIELD, JR. , Bankruptcy Judge . Stanley Lawrence DiStefano, Jr. ("DiStefano" or "Debtor") objects to Endurance American Insurance Company's ("Endurance" or "Creditor") claim. The Court held a hearing on the objection January 9, 2019 and took the matter under advisement on August 9, 2019. The Court has jurisdiction pursuant to 28 U.S.C. 157(a), (b)(1), (b)(2)(A), and (b)(2)(B). Endurance filed a claim for $1,769,317 flowing from an indemnification...
MEMORANDUM-DECISION AND ORDER Robert E. Littlefield, Jr. , United States Bankruptcy Judge . The current matters before the Court are objections by Endurance American Insurance Company ("Endurance" or "Creditor"), Douglas J. Wolinsky, Esq., Chapter 11 Trustee ("Trustee"), and Nancy Burbridge ("Burbridge") to an amended exemption claimed by Stanley Lawrence DiStefano, Jr. ("DiStefano" or "Debtor") regarding certain real property in Hawaii located at 68-1050 Mauna Lani Point Drive, Kamuela,...
Memorandum-Decision and Order Margaret Cangilos-Ruiz , United States Bankruptcy Judge . Timothy J. Shenk, Sr. ("Debtor") brought this adversary proceeding against U.S. Department of Education ("U.S. Dep't. Ed."), State of New York and State University of New York College at Cortland ("SUNY Cortland" and, together with State of New York, "State Defendants"). The initial complaint (Doc. 1) was procedurally defective and per court order, Debtor filed an amended complaint ("Complaint"). 1...
Memorandum-Decision and Order MARGARET CANGILOS-RUIZ , Bankruptcy Judge . Plaintiffs Lisbeth Hirschey, Urban C. Hirschey, and the estate of Lee T. Hirschey, by its fiduciary Deborah Bryant Hirschey, seek declaratory and injunctive relief declaring that Debtors Carthage Specialty Paperboard, Inc. and Carthage Acquisition, LLC have no interest in a $2,000,000 environmental escrow fund and directing U.S. Bank, N.A., as escrow agent to render an accounting and release the funds to Plaintiffs....
Order Modifying Restriction of Attorney Peter M. Hartnett's Right to Practice Before this Court Subject to Further Court Order Upon Attorney Application on or After November 7, 2019 Demonstrating Compliance with Stated Conditions MARGARET CANGILOS-RUIZ , Bankruptcy Judge . Before the court is Attorney Peter M. Hartnett's motion, supported by affirmation, seeking to (i) vacate this court's prior order of April 8, 2019 (Doc. 62) ("April 8 Order") and (ii) allow him to withdraw as counsel of...
Memorandum-Decision and Order Denying Debtors' Motion to Reopen MARGARET CANGILOS-RUIZ , Bankruptcy Judge . George W. Corkran ("Debtor") and Debra L. Corkran (jointly, "Debtors") filed a motion to reopen their chapter 7 case (Doc. 19) ("Motion"). The purpose of the Motion is to allow Debtors to amend their schedules and add an employment claim for back wages, which had been omitted as an asset in their original bankruptcy filing. Debtor's former employer, ORICS Industries, Inc. ("ORICS")...
LETTER-DECISION AND ORDER DIANE DAVIS , Bankruptcy Judge . I. Introduction Before the Court in these jointly administered cases is the application of Upstate Service Group, LLC ("Upstate") filed on November 28, 2017 (the "Application," ECF No. 296), for entry of an order under 11 U.S.C. 503(b) allowing, as an administrative expense, its claim for monies loaned to Folts Home ("Folts") and Folts Adult Home, LLC ("FAH") immediately prior to their commencement of these chapter 11 cases. 1...
MEMORANDUM-DECISION AND ORDER DIANE DAVIS , Bankruptcy Judge . I. Introduction Before the Court is the objection filed by chapter 7 trustee, Randy J. Schaal, Esq. ("Trustee"), on January 5, 2018 (the "Objection," ECF No. 44), to the homestead exemption claimed by debtor, Patricia Morse ("Debtor"), in relation to her residence located at 129 Van Tassel Lane, Rome, New York (the "Property"). Under New York Civil Practice Law and Rules ("NY CPLR") 5206(a), made applicable here by virtue...
MEMORANDUM-DECISION AND ORDER ROBERT E. LITTLEFIELD, JR. , Bankruptcy Judge . The matter before the Court is a Motion for Summary Judgment filed by the Chapter 7 Trustee. The Court has jurisdiction over this core matter pursuant to 28 U.S.C. 157(a), (b)(1), and (b)(2). FACTS The Debtor, New York Light Energy, LLC, developed and installed solar arrays in New York and Massachusetts. (Case No. 15-11121, ECF No. 7.) The Defendant, Gross Electric, performed electrical work related to the...
MEMORANDUM-DECISION AND ORDER Honorable Diane Davis , United States Bankruptcy Judge . I. Introduction The pro se plaintiffs, Dr. Deepika Reddy and Dr. Pratap Reddy (collectively, "Plaintiffs"), commenced this adversary proceeding against the debtor-defendant, Dr. Igor Melnik ("Debtor"), in order to prevent Debtor from discharging the debt he owes to them in his chapter 7 bankruptcy case. 1 Specifically, on May 1, 2017, Plaintiffs filed an adversary complaint setting forth causes...
MEMORANDUM—DECISION AND ORDER ROBERT E. LITTLEFIELD, JR. , Bankruptcy Judge . Currently before the Court is the Estate of Elena Duke Benedict's (the "Estate") motion to dismiss the Debtor's case for bad faith. The Court has jurisdiction over this proceeding pursuant to 28 U.S.C. 157(a), (b)(1), and (b)(2). FACTS AND PROCEDURAL HISTORY At the outset, this Court agrees with the Westchester County Surrogate (Scarpino, S.) when he described this dispute as a "Shakespearean tragedy." (ECF...
Memorandum-Decision and Order Margaret Cangilos-Ruiz , United States Bankruptcy Judge . Konstantinos Ioannis Katsiroumbas ("Debtor") filed a chapter 7 bankruptcy case on December 28, 2016. Frank H. Suits, Jr. ("Plaintiff") holds two money judgments against Debtor, totaling $407,775.23. Plaintiff alleges that (i) Debtor's list of assets on his schedules A and B are false; (ii) Debtor has failed to keep sufficient records from which his financial condition can be determined; (iii) Debtor has...
MEMORANDUM-DECISION AND ORDER DIANE DAVIS , Bankruptcy Judge . I. Introduction Patricia A. Morse ("Debtor") filed a chapter 7 bankruptcy petition on October 4, 2017. On January 8, 2018, Robert F. Rossi, as Executor of the Estate of Alberta M. Rossi ("Plaintiff"), initiated this adversary proceeding by filing a complaint against Debtor seeking to except Plaintiff's debt from Debtor's discharge under 11 U.S.C. 523(a)(2)(A), (a)(4), and (a)(6) (the "Complaint," ECF Adv. No. 1). 1 On...
MEMORANDUM-DECISION AND ORDER DIANE DAVIS , Bankruptcy Judge . Plaintiff NBT Bank, National Association ("NBT") commenced this adversary proceeding on January 29, 2016, as a senior secured creditor of Debtor-Defendant MWD-Liquidation, formerly known as Millers Wood Development Corporation ("MWD"). Defendant County of Oneida ("Oneida County") filed the instant motion on October 3, 2017, seeking summary judgment pursuant to Rule 56(a) of the Federal Rules of Civil Procedure ("Fed. R.Civ.P")...
Memorandum-Decision and Order Margaret Cangilos-Ruiz , United States Bankruptcy Judge . This bankruptcy case was reopened to allow Plaintiff/Debtor Julia A. Biegler to bring this adversary proceeding which seeks a declaration of dischargeability of her student loans pursuant to the 1995 version of 11 U.S.C. 523(a)(8)(A) that was in effect at the time the bankruptcy case was filed. 1 Educational Credit Management Corporation ("ECMC") answered, asserting that the Debtor's loans were...
Memorandum-Decision and Order MARGARET CANGILOS-RUIZ , Bankruptcy Judge . Plaintiffs Jeffrey E. Barber, Jean B. Barber, Emily J. Barber, Paul T. Barber and Bethany A. Barber (the "Barbers") and Straight Line LLC ("Straight Line") seek a declaration of nondischargeability regarding their claims against Debtor/Defendant Adam M. Madigan on grounds of fraud and willful and malicious injury pursuant to 11 U.S.C. 523(a)(2) and (a)(6). 1 Debtor answered in general denial. 2 The court...
