Bankruptcy Court for the Eastern District of New York Court Cases

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  1. In Re Robinson (1998)

    Karen A. Robinson ("Debtor") seeks a finding of contempt against First Union Mortgage Corporation ("First Union") and Federman & Phelan, Esqs. ("F & P") for violation of the automatic stay and damages for such violation pursuant to section 362(h) of the Bankruptcy Code. 11 U.S.C. § 362(h). This motion stems from a March 12, 1998 filing of an application for, and entry of, judgment in connection with a foreclosure proceeding brought prepetition against Debtor. The Court heard argument [...]

    Court: Bankruptcy Court for the Eastern District of New York Docket: Bankruptcy No. 197-21544-575
  2. In RE v. Savino Oil & Heating Co., Inc. (1989)

    Before the Court is a motion of the Creditors' Committee requesting the appointment of a Chapter 11 trustee pursuant to 11 U.S.C. § 1104(a). Section 1104(a) provides for appointment of a trustee for cause, including fraud, dishonesty, incompetence or gross mismanagement, or if such appointment is in the interests of the parties. The motion is vigorously opposed by the Debtor. Evidentiary hearings were held on July 22, October 17, October 24, November 7, November 21 and November 28, 1988. The [...]

    Court: Bankruptcy Court for the Eastern District of New York Docket: Bankruptcy No. 187-72500-353
  3. Acolyte Elec. Corp. v. City of New York (1986)

    This report responds to two orders issued by the Honorable Jack B. Weinstein which deal with the motion of the defendants a) pursuant to 28 U.S.C. § 157(d) to withdraw the reference and, in effect, remove this adversary proceeding to the district court; and b) for abstention pursuant to 28 U.S.C. § 1334.


    Court: Bankruptcy Court for the Eastern District of New York Docket: Misc. No. 86-0329
  4. In Re Sapru (1991)

    The plaintiff, Bank of India (hereinafter "the Bank" or "Plaintiff") moves for summary judgment pursuant to Fed.R.Civ.P. 56, made applicable to this proceeding by Bankruptcy Rule 7056, denying the debtor Moti Sapru (hereinafter "the Debtor") his discharge pursuant to 11 U.S.C. § 727(a)(4)(A). The Debtor cross-moves for summary judgment to dismiss the Plaintiff's complaint for failure to state a claim upon which relief may be granted. For the reasons set forth below, the Plaintiff's motion for [...]

    Court: Bankruptcy Court for the Eastern District of New York Docket: Bankruptcy No. 184-40988-260, Adv. No. 186-0021
  5. In Re Monahan Ford Corp. of Flushing (2006)

    This matter comes before the court on the motions of defendants Ford Motor Company ("Ford"), Ford Motor Credit Company ("FMCC"), Samuel Goldstein & Co. and Stuart Goldstein to dismiss this adversary proceeding, which was commenced by Alan Nisselson, the co-trustee ("trustee") of Monahan Ford Corporation of Flushing ("Monahan Ford" or "debtor"). The moving defendants argue that the trustee does not have standing to bring this action and that the trustee has failed to (1) state claims upon [...]

    Court: Bankruptcy Court for the Eastern District of New York Docket: Bankruptcy No. 02-23134-608. Adversary No. 04-01500-608
  6. In Re Howard (1995)

    This matter is before the Court pursuant to an adversary proceeding commenced by Dewey H. Howard (the "Plaintiff"), seeking to avoid the non-consensual judicial lien held by National Westminster Bank USA (the "Defendant") on the Plaintiff's residence, pursuant to 11 U.S.C. Sections 506(a) and (d) of the Bankruptcy Code. In the alternative, the Plaintiff seeks to have the judgment lien avoided as a preference pursuant to Section 547 of the Code. Based on the facts of this case, the Court finds [...]

    Court: Bankruptcy Court for the Eastern District of New York Docket: Bankruptcy No. 892-83488. Adv. No. 894-8314-478
  7. In Re Agard (2011)

    Before the Court is a motion (the "Motion") seeking relief from the automatic stay pursuant to 11 U.S.C. § 362(d)(1) and (2), to foreclose on a secured interest in the Debtor's real property located in Westbury, New York (the "Property"). The movant is Select Portfolio Servicing, Inc. ("Select Portfolio" or "Movant"), as servicer for U.S. Bank National Association, as Trustee for First Franklin Mortgage Loan Trust 2006-FF12, Mortgage Pass-Through Certificates, Series 2006-FF12 ("U.S. Bank"). [...]

    Court: Bankruptcy Court for the Eastern District of New York Docket: 810-77338-reg
  8. In Re F & S Cent. Mfg. Corp. (1985)

    On December 10, 1984, the trustee commenced an action to avoid an alleged preferential transfer made by F & S Central Manufacturing Corp. (the "debtor") to Buildex Incorporated (the defendant). The defendant and the trustee each subsequently moved for summary judgment. A hearing on their motions was held on May 9, 1985. From the parties' papers and the hearing, the following facts have been adduced.


    Court: Bankruptcy Court for the Eastern District of New York Docket: Bankruptcy No. 882-82533-18, Adv. P. No. 884-0322-18
  9. Matter of Teltronics Services, Inc. (1983)

    Plaintiff Anaconda-Ericsson, Inc. commenced an adversary proceeding against the bankrupt, Teltronics Services, Inc., seeking inter alia a declaration of its rights in certain assets of the bankrupt, and relief from the stay of enforcement of those rights. The trustee interposed various affirmative defenses and a counterclaim for equitable subordination.


    Court: Bankruptcy Court for the Eastern District of New York Docket: Bankruptcy No. 79-B-2725 (CHG), Adv. No. 79-B-2725 (CAP)
  10. In Re Frommann (1993)

    This is an adversary proceeding in which Paul I. Krohn, Esq., as the Chapter 7 trustee (the "Trustee") of the Debtor, Anne Frommann, ("Frommann" or the "Debtor"), is the Plaintiff, wherein he seeks to have the Debtor's discharge denied pursuant to 11 U.S.C. § 727(a)(3) on the grounds that she failed to keep and preserve books and records and 11 U.S.C. § 727(a)(4) on the grounds that she made a false oath. For the reasons stated below, the Debtor's discharge is hereby denied pursuant to § [...]

    Court: Bankruptcy Court for the Eastern District of New York Docket: Bankruptcy No. 190-11854-260, Adv. No. 191-1055-260
  11. In Re Seaman (2006)

    Before the Court is the motion of the United States Trustee, dated December 6, 2005, to dismiss the petition of the above-captioned debtor, Charles Edward Seaman (the "Petitioner") for failure to file payment advices pursuant to Section 521(a)(1) of Title 11 of the United States Code (the "Bankruptcy Code") and for failure to file a certificate from an approved nonprofit budget and credit counseling agency pursuant to Section 109(h)(1) of the Bankruptcy Code (the "Motion to Dismiss"). Under the [...]

    Court: Bankruptcy Court for the Eastern District of New York Docket: 05-40032-ESS
  12. In Re Jacobs (2008)

    This adversary proceeding was commenced by the filing of a complaint (the "Complaint") by Allan B. Mendelsohn as Chapter 7 Trustee (the "Trustee") of the estates of Herman Jacobs, Victor Jacobs a/k/a Victor Jacobowitz ("Victor Jacobs"), and Jacob Jacobs (collectively, the "Debtors"), against defendants Eva Jacobowitz a/k/a Eva Silberstein ("Eva Jacobowitz") and Chanie Jacobowitz (collectively, the "Defendants").


    Court: Bankruptcy Court for the Eastern District of New York Docket: Bankruptcy No. 03-84455-ESS. Adversary No. 05-8813-ESS
  13. In Re Baptist Medical Center of New York (1987)

    Before this Court is a motion filed by Defendant seeking a dismissal of an amended adversary complaint filed by the trustee in Adversary Proceeding No. 187-0110 for failure to state a claim upon which relief may be granted, or in the alternative, abstention by this Court.


    Court: Bankruptcy Court for the Eastern District of New York Docket: Bankruptcy No. 181-10703-353, Adv. No. 187-0110
  14. In Re Norstan Apparel Shops, Inc. (2007)

    This matter comes before the Court on the motion of Norman Lattman, Stanley Lattman, Lattman Irrevocable Family Trust, Jessica Lattman Trust, and Stanley & Ellen Lattman Trust (collectively, the "defendants") seeking to dismiss the complaint in this adversary proceeding commenced by the Official Committee of Unsecured Creditors of Norstan Apparel Shops, Inc. (the "Committee"). The defendants argue that the complaint should be dismissed pursuant to Federal Rules of Civil Procedure 12 and 19 [...]

    Court: Bankruptcy Court for the Eastern District of New York Docket: Bankruptcy Nos. 05-15265-608, 05-15268-608. Adversary No. 06-01279-608
  15. In Re Vanderveer Estates Holdings, Inc. (2002)

    This matter comes before the Court on the debtor's objection to the claim of VE Apartments LLC ("VE"), holder of a first mortgage on the debtor's principal asset, an apartment complex located in Brooklyn, New York (the "Property"). The debtor objects to VE's claim insofar as it includes a yield maintenance premium and default interest, and seeks a determination that, for the purposes of the treatment of VE's claim under debtor's Third Amended Plan of Reorganization ("Plan"), such amounts are [...]

    Court: Bankruptcy Court for the Eastern District of New York Docket: 01-20348-608
  16. In Re Graziano (1983)

    This action is brought by creditor, Great American Insurance Co. ("Great American") seeking a determination that a debt owed to it by Robert W. Graziano ("debtor") is nondischargeable pursuant to 11 U.S.C. § 523(a)(4) which excepts from discharge debts accruing from inter alia larceny and embezzlement.


    Court: Bankruptcy Court for the Eastern District of New York Docket: Bankruptcy No. 883-30033-18, Adv. No. 883-0245-18
  17. In Re First Cent. Financial Corp. (1999)

    On June 17, 1999, Martin P. Ochs, the Chapter 7 trustee ("Trustee") instituted the above-captioned adversary proceeding seeking declarative and/or injunctive relief to proscribe any potential distribution of proceeds from a directors' and officers' ("D & O") insurance policy, purchased by First Central Financial Corporation, the corporate debtor herein ("Debtor").


    Court: Bankruptcy Court for the Eastern District of New York Docket: Bankruptcy No. 198-12848-353. Adversary No. 199-1281-353
  18. Matter of Newmark (1982)

    This is an adversary proceeding brought by the National Bank of North America (the BANK), a creditor of Michael Newmark (NEWMARK or the DEBTOR), to have its claim against the debtor declared non-dischargeable pursuant to Section 523(a)(2)(A) of the Bankruptcy Reform Act of 1978 (the CODE), 11 U.S.C. § 523(a)(2)(A).


    Court: Bankruptcy Court for the Eastern District of New York Docket: Bankruptcy No. 180-05556-16, Adv. No. 180-1057
  19. In Re Allou Distributors, Inc. (2007)

    Nathan Schwed, Esq., Zeichner Ellman & Krause LLP, Franklyn H. Snitow, Esq., Snitow Kanfer Holtzer & Millus LLP, New York, NY, for Defendants, Kent-Rush Realty Corp., K-R Residence Corp., D.J.R. Construction LLC, R & D Development LLC, Chaim Dushinsky and Isaac Rabinowitz.


    Court: Bankruptcy Court for the Eastern District of New York Docket: Bankruptcy No. 03-82321-ess. Adversary No. 05-8538-ess
  20. In Re Checkmate Stereo & Electronics, Ltd. (1981)

    These adversary proceedings, which were consolidated for trial, are brought by the trustee in bankruptcy of two related corporations: Checkmate Stereo and Electronics, Ltd. ("Stereo"), and Checkmate Marketing Co., Inc. ("Marketing"). The complaint invokes งง 541, 544, and 548 of Title 11 of the United States Code.[1] The relief sought includes the nullification of various transfers of property to the defendants, a judgment against the defendants for conversion, and the award to the [...]

    Court: Bankruptcy Court for the Eastern District of New York Docket: Bankruptcy Nos. 180-02124-21, 180-02125-21, Adv. Nos. 180-0366, 180-0367

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