MEMORANDUM-DECISION AND ORDER DENYING MOTION TO DISMISS AND OVERRULING OBJECTION TO CLAIM NO. 2-2 Margaret Cangilos-Ruiz , United States Bankruptcy Judge . Jennifer Bernheim ("Creditor") has moved to dismiss this chapter 13 bankruptcy case on the principle of judicial estoppel or, alternatively, failure to file the petition in good faith ("Motion"). Separately, Debtor objects to that portion of Creditor's proof of claim which seeks to recover temporary spousal maintenance arrearage ("...
MEMORANDUM-DECISION AND ORDER Honorable Diane Davis , United States Bankruptcy Judge . I. Introduction The contested matter before the Court is a motion by Debtor Jacob R. Morgan ("Debtor") against Pentagon Federal Credit Union ("PenFed") filed on June 7, 2017 (the "Motion," ECF No. 22), wherein Debtor seeks sanctions against PenFed pursuant to 11 U.S.C. 105 for civil contempt for an alleged violation of the discharge injunction provided by 11 U.S.C. 524(a)(2). 1 PenFed filed...
MEMORANDUM OPINION IN SUPPORT OF CERTIFICATION OF A DIRECT APPEAL TO THE COURT OF APPEALS FOR THE SECOND CIRCUIT DIANE DAVIS , Bankruptcy Judge . This Memorandum Opinion is issued in support of certification of a direct appeal to the United States Court of Appeals for the Second Circuit. Statutory and Rule Authority This certification is made pursuant to 28 U.S.C. 158(d)(2). It is governed by Federal Rule of Bankruptcy Procedure 8006. Pursuant to Federal Rule of Bankruptcy Procedure...
MEMORANDUM-DECISION AND ORDER DIANE DAVIS , Bankruptcy Judge . Before the Court is a Motion to Reopen Case pursuant to Bankruptcy Code 350(b) 1 and Federal Rule of Bankruptcy Procedure Rule 5010 2 ("the Motion) filed by Saticoy Bay LLC Series 2110 Club Meadows ("Saticoy Bay") on February 9, 2017 (ECF No. 19). Creditor JPMorgan Chase Bank, N.A. ("Chase") filed an Objection to Saticoy Bay's Motion on February 23, 2017 (ECF No. 23), and Saticoy Bay filed a Reply to Chase's Objection on...
LETTER-DECISION AND ORDER DIANE DAVIS , Bankruptcy Judge . Daniel Lee Romanowski ("Debtor") is incarcerated at the Franklin Correctional Facility located in Malone, New York. On July 19, 2017, without having completed the mandatory pre-petition credit counseling required under 11 U.S.C. 109(h)(1), Debtor filed a pro se petition for Chapter 7 relief in the Utica Division of the United States Bankruptcy Court for the Northern District of New York. On July 19, 2017, Debtor requested that...
MEMORANDUM-DECISION AND ORDER Honorable Diane Davis , United States Bankruptcy Judge . I. Introduction Before the Court is a motion by Debtor Jeffrey Sharak ("Debtor") against Bayview Loan Servicing, LLC ("Bayview") filed on November 7, 2016 (the "Motion," ECF No. 65), wherein Debtor seeks sanctions against Bayview pursuant to 11 U.S.C. 105 for civil contempt based on its alleged violation of the discharge injunction provided by 11 U.S.C. 524(a)(2). 1 Deutsche Bank National Trust...
Memorandum-Decision and Order MARGARET M. CANGILOS-RUIZ , Bankruptcy Judge . Plaintiff John Baggett ("Plaintiff") filed this adversary proceeding against Debtor-Defendant Devin J. Sherman ("Debtor"), which seeks a determination that a debt of $130,109 ("Debt") is nondischargeable in Debtor's chapter 7 bankruptcy case pursuant to 11 U.S.C. 523(a)(4). 1 The Debt arose in connection with a Homeowner Contract Agreement dated October 17, 2011, pursuant to which Debtor was to build a house...
Memorandum-Decision and Order Margaret Cangilos-Ruiz , United States Bankruptcy Judge . Irving Owens ("Plaintiff") commenced this adversary proceeding seeking to except an unliquidated judgment debt (the "Debt") owed to Plaintiff by Christian S. Powell ("Debtor" or "Defendant") from discharge in Defendant's chapter 7 bankruptcy case. Specifically, Plaintiff asserts that the Debt resulted from Defendant's intentional assault and injury of Plaintiff and is, accordingly, nondischargeable...
