NOT FOR PUBLICATION MEMORANDUM OF DECISION SUSTAINING IN PART AND OVERRULING IN PART U.S. TRUSTEE'S OBJECTION, GRANTING APPLICATION TO EMPLOY BERRY DUNN MCNEIL & PARKER, LLC NUNC PRO TUNC TO AUGUST 20, 2019, AND DIRECTING DEBTOR'S ATTORNEYS TO PAY ALLOWED GAP PERIOD COMPENSATION TO PROFESSIONAL COLLEEN A. BROWN , Bankruptcy Judge . The Debtor seeks to employ a financial advisor, to be paid by the bankruptcy estate, to assist it in its chapter 11 reorganization. The Debtor has...
MEMORANDUM OF DECISION GRANTING JUDGMENT IN FAVOR OF THE U.S. TRUSTEE AND AGAINST SHELDON M. KATZ COLLEEN A. BROWN , Bankruptcy Judge . In this adversary proceeding, the Court has before it a defendant who admits essentially all of the allegations against him in the complaint and requests the Court enter judgment against him, in the form of such sanctions as the Court deems appropriate in light of his conduct in the role of the Debtor's attorney. For the reasons stated below, the Court...
MEMORANDUM OF DECISION COLLEEN A. BROWN , Bankruptcy Judge . GRANTING IN PART, DENYING IN PART, AND STAYING IN PART THE U.S. TRUSTEE'S MOTION FOR DEFAULT JUDGMENT AGAINST THE SYNERGY DEFENDANTS This matter comes before the Court on the motion of the U.S. trustee ("UST") for default judgment (doc. # 19, the "Motion") on the complaint against defendants Synergy Law, LLC ("Synergy Law"), Synergy Attorney Services, LLC ("Synergy Services"), and Scott Marinelli, Dave Maresca, Monica Chapman,...
Not for Publication MEMORANDUM OF DECISION GRANTING U.S. TRUSTEE'S MOTION TO DISGORGE FEES AND IMPOSE TREBLE FINES, STAYING U.S. TRUSTEE'S MOTION FOR FURTHER EQUITABLE RELIEF, AND STAYING DEBTOR'S MOTION FOR SANCTIONS COLLEEN A. BROWN , Bankruptcy Judge . There are two motions before the Court: (1) the motion of the U.S. trustee ("UST") to compel disgorgement of fees and impose treble fines against Synergy Law, LLC ("Synergy Law") and its owner, Dave Maresca ("Mr. Maresca" and,...
MEMORANDUM OF DECISION CERTIFYING DECISION FOR DIRECT APPEAL UNDER 28 U.S.C. 158(d)(2) COLLEEN A. BROWN , Bankruptcy Judge . The chapter 13 trustee has filed a motion, pursuant to 28 U.S.C. 158(d)(2)(A), asking the Court to certify its recently issued Decision on Remand, imposing sanctions on mortgage servicer PHH Mortgage Corporation (doc. # 150), for direct appeal to the U.S. Court of Appeals for the Second Circuit. The movant argues this Decision satisfies the criteria for direct...
MEMORANDUM OF DECISION DENYING CREDITOR'S MOTION TO ENLARGE TIME AND DELAY ENTRY OF DISCHARGE COLLEEN A. BROWN , Bankruptcy Judge . In this contested matter, the Court weighs a creditor's plea for additional time to determine if it has grounds to seek either an exception of its debt from discharge or dismissal of this case, against the Debtor's right to a prompt discharge of his debts and a fresh start. The creditor, U.S. Sports Camps, Inc., engaged in state court litigation with the...
MEMORANDUM OF DECISION ON REMAND FROM U.S. DISTRICT COURT, IMPOSING SANCTIONS ON PHH MORTGAGE CORPORATION Colleen A. Brown , United States Bankruptcy Judge . The U.S. District Court remanded this matter for this Court to redetermine the amount of sanctions to be imposed on PHH Corporation ("PHH") for its violations of Bankruptcy Rule 3002.1 and Debtor Current Orders, with a focus on the scope of this Court's statutory and inherent authority to impose punitive sanctions. This Court has...
NOT FOR PUBLICATION ORDER COLLEEN A. BROWN , Bankruptcy Judge . DETERMINING VERMONT TO BE THE PROPER VENUE FOR THREE HERMITAGE CASES For the reasons set forth in the memorandum of decision of even date, IT IS HEREBY ORDERED that, pursuant to 28 U.S.C. 1412, Bankruptcy Rule 1014(b), and 11 U.S.C. 105, (i) the Petitioners' Motion to Change Venue (doc. # 28) is GRANTED, (ii) Heritage Inn Real Estate Holding Company, LLC's Motion to Transfer Case to Another District (doc. # 46), is...
MEMORANDUM OF DECISION DETERMINING VERMONT TO BE THE PROPER VENUE FOR THREE HERMITAGE CASES COLLEEN A. BROWN , Bankruptcy Judge . In this contested matter the Court must determine whether three pending bankruptcy cases, all related to the Hermitage Club in Wilmington, Vermont, should proceed in the Bankruptcy Court for the District of Vermont or in the Bankruptcy Court for the District of Connecticut. The Hermitage related debtors, which are incorporated in the state of Connecticut, wish...
MEMORANDUM OF DECISION GRANTING CHAPTER 12 TRUSTEE'S MOTION TO RECONSIDER, DETERMINING DEBTORS ARE NOT IN SUBSTANTIAL DEFAULT, AND VACATING DISMISSAL ORDER COLLEEN A. BROWN , Bankruptcy Judge . On January 14, 2019, the Court issued an order dismissing this chapter 12 case (doc. # 197, the "Dismissal Order"), based on the Notice of Substantial Default filed by Wells Fargo, pursuant to the conditional dismissal order the Court entered on July 13, 2018 (see doc. ## 194, 147, respectively)....
