MEMORANDUM OF DECISION SEAN H. LANE , UNITED STATES BANKRUPTCY JUDGE . Before the Court are cross-motions for partial summary judgment filed by the plaintiffs 1 —including the Liquidating Trust in the underlying bankruptcy case and certain class action plaintiffs with claims against one of the debtors—and eight of the defendants 2 —including various tiers of insurers—in the above-captioned adversary proceeding. 3 The Plaintiffs assert that their claims against Residential Funding Company,...
NOT FOR PUBLICATION MEMORANDUM OPINION AFTER TRIAL FINDING THAT SOUTH STREET'S TERMINATION OF THE MIPA WAS TIMELY AND THEREFORE NOT A BREACH OF THE MIPA MARTIN GLENN , Bankruptcy Judge . Plaintiff, Kenneth P. Silverman, as chapter 7 trustee (the "Trustee" or "Plaintiff") for the jointly administered bankruptcy estate of Lebenthal Holdings, LLC ("Holdings") and its affiliated debtors 1 brought this adversary proceeding (the "Action") against South Street Securities Inc. ("South Street"...
POST-TRIAL FINDINGS OF FACT AND CONCLUSIONS OF LAW STUART M. BERNSTEIN , Bankruptcy Judge . Pentagon Federal Credit Union ("Plaintiff") filed this adversary proceeding for a determination that a debt in the sum of $31,341.00 ("Debt") owed by the defendant and debtor Guillermo D. Fernandez Tineo ("Debtor") is not dischargeable under 11 U.S.C. 523(a)(2)(A) and (B). The Court conducted a trial on September 18, 2019, heard the testimony of two witnesses and received several exhibits. The...
SIPA LIQUIDATION POST-TRIAL FINDINGS OF FACT AND CONCLUSIONS OF LAW STUART M. BERNSTEIN , United States Bankruptcy Judge : Plaintiff, Irving H. Picard, as trustee (the "Trustee") for the liquidation of Bernard L. Madoff Investment Securities LLC ("BLMIS") under the Securities Investor Protection Act, 15 U.S.C. 78aaa, et seq. ("SIPA") brought these adversary proceedings to recover intentional fraudulent transfers (the "Two-Year Transfers," defined below) made by BLMIS to Carol Nelson...
NOT FOR PUBLICATION REPORT AND RECOMMENDATION REGARDING PRETRIAL MOTIONS MICHAEL E. WILES , Bankruptcy Judge . The Plan Administrator appointed under the confirmed chapter 11 plan of liquidation of Hebrew Hospital Senior Housing, Inc. (" HHSH ") has alleged that officers and directors of HHSH breached fiduciary duties, violated New York State disclosure requirements, engaged in deceptive acts or practices and made negligent misrepresentations or omissions in connection with the...
MEMORANDUM OPINION AND ORDER GRANTING THE MARKUS FOREIGN REPRESENTATIVE'S TURNOVER MOTION AND DENYING CROSS-MOTION TO VACATE FREEZE ORDER MARTIN GLENN , UNITED STATES BANKRUPTCY JUDGE . This Opinion and Order resolves two motions for the reasons explained below. The Foreign Representative's Emergency Motion to Enforce the Recognition Order and Entrust the Assets of Larisa Markus Revocable Trust to the Administration of the Foreign Representative is GRANTED ("Turnover Motion," ECF Doc. #...
MEMORANDUM DECISION DENYING TRUSTEE'S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT STUART M. BERNSTEIN , United States Bankruptcy Judge . Plaintiff Irving H. Picard ("Trustee"), the trustee for the liquidation of Bernard L. Madoff Investment Securities LLC ("BLMIS") under the Securities Investor Protection Act, 15 U.S.C. 78aaa, et seq. ("SIPA") seeks to recover $343,084,590 in subsequent transfers made to Defendants Citibank, N.A. ("Citibank") and Citicorp North America, Inc. ("Citicorp"...
MEMORANDUM OPINION EXPLAINING IMPOSITION OF SANCTIONS ON VICTOR A. WORMS, ESQ., COUNSEL FOR FOREIGN DEBTOR LARISA MARKUS MARTIN GLENN , UNITED STATES BANKRUPTCY JUDGE On October 8, 2019, the Court entered an Order imposing sanctions on Victor A. Worms, Esq. ("Worms"), counsel of record for the foreign debtor Larisa Markus ("Markus"), following a hearing on October 3, 2019 at which the Court explained that an Order imposing sanctions against Worms would be entered because of his knowing...
MEMORANDUM OPINION EXPLAINING IMPOSITION OF SANCTIONS ON VICTOR A. WORMS, ESQ., COUNSEL FOR FOREIGN DEBTOR LARISA MARKUS MARTIN GLENN , Bankruptcy Judge . On October 8, 2019, the Court entered an Order imposing sanctions on Victor A. Worms, Esq. ("Worms"), counsel of record for the foreign debtor Larisa Markus ("Markus"), following a hearing on October 3, 2019 at which the Court explained that an Order imposing sanctions against Worms would be entered because of his knowing and willful...
POST-TRIAL DECISION SEAN H. LANE , Bankruptcy Judge . Before the Court are the merits of the above captioned adversary proceeding, which consists of multiple proceedings removed from state court involving the Debtor L&N Twins Place LLC. Plaintiff Puka Capital Funding LLC ("Puka Capital") seeks to enforce the terms of a promissory note between it and the Debtor. One of the Debtor's two members, Maria Balaj, contests the validity of the promissory note and Puka Capital's right to interest...
MEMORANDUM OF DECISION SEAN H. LANE , Bankruptcy Judge . Before the Court is a motion for summary judgment (the "Motion") [ECF No. 16] 1 filed by the United States Department of Education (the "Government" or the "Defendant") to the above-captioned adversary proceeding, in which Bukunmi Gesinde (the "Debtor") seeks to discharge her federal student loan debt. A hearing was held on the Motion on July 16, 2019, at which time the Debtor appeared pro se. [ECF No. 34]. Given the undisputed...
NOT FOR PUBLICATION MEMORANDUM OPINION AND ORDER DENYING MOTION TO ENFORCE THE SETTLEMENT AGREEMENT MARTIN GLENN , Bankruptcy Judge . Staff Management Solutions, LLC and PeopleScout MSP, LLC (together, "Staff Management") move to enforce the Settlement Agreement between chapter 11 trustee in these cases, James Feltman ("Trustee"), and Noor Staffing Group, LLC and Noor Associates, Inc., (together, "Noor"), dated June 2, 2017 (the "Settlement Agreement"). Staff Management seeks an order...
MEMORANDUM OPINION AND ORDER GRANTING MOTION TO APPOINT A CHAPTER 11 TRUSTEE MARY KAY VYSKOCIL , UNITED STATES BANKRUPTCY JUDGE. The Committee of Unsecured Creditors (the "Committee") has moved for an order appointing a chapter 11 trustee in the case of Robert Francis Xavier Sillerman (the "Debtor") or, alternatively, converting the chapter 11 case to a chapter 7 case (the "Committee's Motion"). [ECF No. 404]. In support of the its Motion, the Committee submitted a declaration of Jil...
MEMORANDUM OPINION AND ORDER DENYING MOTIONS TO VACATE RECOGNITION AS FOREIGN MAIN PROCEEDINGS MARTIN GLENN , UNITED STATES BANKRUPTCY JUDGE . Pending before the Court in each of these two chapter 15 cases are motions to vacate prior orders entered by Judge Vyskocil recognizing each of the underlying Russian foreign proceedings as a foreign main proceeding. For ease of reference, the Court will refer to these two cases as the "Markus Case" and the "Bank Case." ( See "Markus Motion to...
POST-TRIAL DECISION SEAN H. LANE , Bankruptcy Judge . Before the Court are the merits of the above-captioned adversary proceeding commenced by William M. Bryan, Inc. ("WMB") in the Chapter 7 case of Debtor Ira Lawrence Brody. WMB contends that Mr. Brody's debt to WMB cannot be discharged in this bankruptcy case pursuant to Sections 523(a)(2)(A), 523(a)(4), and 523(a)(6) of the Bankruptcy Code. Trial took place in this case on November 28, 2018, and the parties subsequently submitted post-...
NOT FOR PUBLICATION MEMORANDUM OPINION APPROVING THE SALES AT AUCTION OF TWO PROPERTIES OWNED BY THE DEBTOR MARTIN GLENN , Bankruptcy Judge . Alan Nisselson ("Trustee"), Trustee for the chapter 7 estate of Gisele Bouillette Allard, a/k/a Gisele Allard ("Debtor"), seeks approval and confirmation of the sale of two parcels of real property. Each of the properties is owned by a corporation wholly-owned by the Debtor, and therefore the stock of the two companies is property of the estate,...
DECISION REGARDING OBJECTIONS TO ADMINISTRATIVE EXPENSE CLAIMS ASSERTED BY TOSHIBA CORPORATION AND ITS AFFILIATES MICHAEL E. WILES , Bankruptcy Judge . Toshiba Corporation ("Toshiba") and two of its affiliates, TurbinePROS, LLC ("TurbinePROS") and Toshiba America Energy Systems Corporation ("Toshiba America"), have filed motions seeking the allowance and payment of administrative expense claims. [ECF Nos. 3742, 3823 and 3826, respectively.] Toshiba originally asked, in the alternative,...
MEMORANDUM DECISION AND ORDER GRANTING SECOND MOTION FOR PARTIAL SUMMARY JUDGMENT AND ALLOWING CLAIM 3103 IN PART STUART M. BERNSTEIN , UNITED STATE BANKRUPTCY JUDGE : Alan Wattenmaker, a former employee of the debtor Avaya, Inc. ("Avaya"), 1 filed secured, priority claim no. 3103 in the amount of "$170,000.00 +" (the "Claim" ) on May 5, 2017. 2 The Court granted partial summary judgment to Avaya relating to its Objection 3 to the Claim, (Memorandum Decision and Order Granting...
SIPA Liquidation (Substantively Consolidated) MEMORANDUM DECISION GRANTING RELIEF UNDER FEDERAL CIVIL RULE 56(g) STUART M. BERNSTEIN , United States Bankruptcy Judge : Plaintiff, Irving H. Picard, as trustee (the "Trustee") for the liquidation of Bernard L. Madoff Investment Securities LLC ("BLMIS") under the Securities Investor Protection Act, 15 U.S.C. 78aaa, et seq. ("SIPA"), moves for summary judgment (the " Motion ") 1 on his claim to avoid and recover $2,813,000 transferred...
MEMORANDUM DECISION GRANTING DEFENDANT'S MOTION TO DISMISS THE FIRST AMENDED ADVERSARY COMPLAINT WITH PREJUDICE STUART M. BERNSTEIN , United States Bankruptcy Judge . This dispute between two non-debtors arises from the section 363 sale of certain assets (the "WAC 9 Assets") owned by Waypoint Leasing Holdings Ltd. and its debtor affiliates (collectively, "Waypoint" or "Debtors") to non-party Lombard North Central plc ("Lombard"). The Plaintiff Macquarie Rotorcraft Leasing Holdings Limited (...
