All Written Opinions (published and non-published since April 2005)
Show recent opinions firstIn Re: Pergament v. Marandos
Date Filed: 07/30/2008
Case number: 8-06-08458-ast 263204_24_opinion.pdf
Opinion/Decision all relief sought by the Trustee is denied. A separate judgment hereon will be entered. designated by Judge as Written Opinion (RE: related document(s)[1] Complaint filed by Plaintiff Marc A Pergament). Signed on 7/30/2008 (Attachments: # (1) Mailing Certificate)
In Re: Ackerman v. Rubber2Gold, Inc. et al
Date Filed: 08/01/2008
Case number: 8-07-08300-ast 274364_50_opinion.pdf
Memorandum Opinion/Decision Denying Defendants Motion to Dismiss Adversary Proceeding (RE: related document(s)[32] Motion to Dismiss Adversary Proceeding filed by Defendant Jerry Rawls, Defendant The Jerry Rawls Family Trust). Signed on 8/1/2008(Attachments: # (1) Courts Certificate of Mailing) (sld, ) Modified on 8/1/2008 for clarification.
In Re: Niedzwiecki v. Mangiapanella
Date Filed: 08/28/2008
Case number: 8-06-08461-ast 263255_32_opinion.pdf
Memorandum Opinion Denying all relief sought by the Plaintiff, Piotr Niedzwiecki, in Complaint. (RE: related document(s)[1] Complaint filed by Plaintiff Piotr Niedzwiecki). Signed on 8/28/2008
In Re: Pergament v. DeRise
Date Filed: 10/03/2008
Case number: 8-06-08011-ast 254273_42_opinion.pdf
Memorandum Opinion that this Court concludes that, under the totality of the circumstances, the Trustee has failed to establish any of his claims by a preponderance of the evidence under Sections 723(a)(3), 723(a)(4), and 723(a)(6). Based thereon, no relief will be awarded to the Trustee. A separate Judgment consistent herewith will be entered. (RE: related document(s)[1] Complaint filed by Plaintiff Marc A Pergament). Signed on 10/3/2008
In Re: Debra A. Forletta
Date Filed: 10/10/2008
Case number: 8-08-74779-ast 288489_16_opinion.pdf
Memorandum Opinion on Motion to Continue to Stay; The automatic stay created by the filing of debtor's petition remains in effect in this case unless and until otherwise ordered by this Court.(RE: related document(s)[10] Motion to Continue/Extend/Reimpose Stay filed by Debtor Debra A. Forletta). Signed on 10/10/2008 (ssw) Modified on 10/10/2008
In Re: New Rochelle Telephone Corporation
Date Filed: 11/13/2008
Case number: 8-08-75221-ast 289425_72_opinion.pdf
Memorandum Opinion on Adequate Assurance and Conversion. Debtor has conceded Verizon is a utility and is providing utility services to Debtor. Therefore, Verizon is entitled to the protections of Section 366. Debtor must post the previously ordered deposit of $75,000.00 in cash or cash equivalent with Verizon by 5:00 p.m. on 11/13/2008. Debtor must post an additional deposit of $75,000.00 in cash or a cash equivalent with Verizon by 5:00 p.m. on 11/20/2008. (RE: related document(s)[28] Motion for Continuation of Utility Service filed by Debtor New Rochelle Telephone Corporation; Granting Conditional Order [31] Motion to Convert Case Chapter 11 to 7 filed by Creditor Verizon New York Inc., Verizon New Jersey Inc. & Verizon Pennsylvia Inc.). Signed on 11/13/2008
In Re: Pryor v. Zerbo
Date Filed: 11/26/2008
Case number: 8-06-08124-ast 255668_25_opinion.pdf
Opinion/Decision Summary judgment will be granted in favor of Defendant and denied as to the Trustee on Counts 1,2,3 and 5 of the Trustee's Amended Complaint. Summary judgment is denied as to both parties on Counts 4,6,7 and 8. A Trial date will be scheduled by the Court on these remaining claims. A separate judgment hereon will be entered (RE: related document(s) [15] Motion for Summary Judgment filed by Defendant Debra Zerbo). [6] Motion to Amend filed by Plaintiff Robert L Pryor, Signed on 11/26/2008 (dlt) Additional attachment(s) added on 11/26/2008
In Re: Pergament v. Bunnenberg
Date Filed: 12/05/2008
Case number: 8-05-08101-ast 219995_33_opinion.pdf
Opinion/Decision Denying Complaint by Marc A Pergament against Marie E Bunnenberg. A Judgment consistent here with will be entered Signed on 12/5/2008 (RE: related document(s)[1] Complaint )
In Re: North Shore Hematology-Oncology Associates, P.C.
Date Filed: 12/11/2008
Case number: 8-08-76389-ast 292295_50_opinion.pdf
Memorandum Opinion on Appintment of Patient Care Ombudsman Under Section 333(a)(1); This Court has determined the appointment of an ombusdman is not necessary for the protection of patients under the specific facts of this case. (RE: related document(s)[17] Request to Chambers Re: Appointment of Patient Care Ombudsman). Signed on 12/11/2008
In Re: Manheim's Pennsylvania Auction Services Inc. v. Lavender
Date Filed: 02/09/2009
Case number: 1-07-01172-ast 268797_80_opinion.pdf
Opinion/Memorandum Decision on Complaint to Determine Nondischargeability of a Debt. (RE: related document(s)[1] Complaint filed by Plaintiff Manheim's Pennsylvania Auction Services Inc.). Signed on 2/9/2009
In Re: Hoffman v. Barbara
Date Filed: 02/09/2009
Case number: 8-08-08357-ast 294399_8_opinion.pdf
Memorandum Opinion granting in part and denying in part (RE: related document [6] Motion to Dismiss Adversary Proceeding filed by Defendant Ivo Barbara, Motion for Sanctions). Signed on 2/9/2009
In Re: Pergament v. Dobbs et al
Date Filed: 03/13/2009
Case number: 8-08-08181-ast 287438_23_opinion.pdf
Memorandum Opinion for Summary Judgment will be denied as to both parties. A separate Order will be entered. (Re: related document(s)[6] Answer to Complaint, (RE: related document(s)[11] Cross Motion for Summary Judgment filed by Plaintiff Marc A Pergament). (Attachments:#(1)mailing certificate) Signed on 3/13/2009
In Re: AMAP Sales & Collision, Inc.
Date Filed: 03/25/2009
Case number: 8-08-71853-ast 281661_48_opinion.pdf
Memorandum Opinion and Order Extending Debtor's Time to Confirm a Plan of Reorganization. Based upon the foregoing findings of fact and conclusions of law, the Court hereby Orders that the time for Debtor to confirm a plan of reorganization is extended to December 31, 2009, without prejudice to seeking further extensions of such time upon proper motion requesting such relief. Signed on 3/25/2009
In Re: Edward A Bruns
Date Filed: 06/24/2009
Case number: 8-08-75936-ast 291131_36_opinion.pdf
Memorandum Opinion and Order Denying (RE: related document(s)[33] Motion for Sanctions for Debtor's Attorney Misconduct under Rule 9011 filed by Attorney Ronald. D. Weiss, P.C., [34] Motion for Sanctions against Rosina Caputo Esq and Joseph Giardino, Esq filed by Attorney Ronald. D. Weiss, P.C.). Signed on 6/24/2009
In Re: John Raymond Herbert, Sr
Date Filed: 07/02/2009
Case number: 8-04-86487-ast 210230_70_opinion.pdf
Memorandum Opinion on request for attorneys fees of the debtor's former attorney, Ronald D. Weiss, Esq. Signed on 7/2/2009 (jaf) Modified on 7/2/2009 (jaf). Additional attachment(s) added on 7/2/2009
In Re: Sham Datta
Date Filed: 07/02/2009
Case number: 8-08-72740-ast 283635_28_opinion.pdf
Memorandum Opinion on Request for Attorneys Fees. (RE: related document(s)[19] Motion to Compel filed by U.S. Trustee Diana G. Adams). Signed on 7/2/2009
In Re: Edward A Bruns
Date Filed: 07/02/2009
Case number: 8-08-75936-ast 291131_43_opinion.pdf
Memorandum Opinion, allowing Ronald Weiss a reasonable fee of $694.00 and Counsel is directed to disgorge $1,355,00 directly to debtor (RE: related document(s)[23] Motion to Authorize/Direct Ronald Weiss to refund Fees, filed by Debtor Edward A Bruns). Signed on 7/2/2009 (Attachments: # (1) Affidavit of Service)
In Re: Count Bailey and Jean Bailey
Date Filed: 07/14/2009
Case number: 8-08-73915-ast 286345_54_opinion.pdf
Memorandum opinion on request for attorney fees; based upon the services rendered by Mr. Klein as set forth, and the benefits received by debtors, a fee of $1,420.00 is reasonable for Mr. Klein in this case. Mr. Klein will be awarded a reasonable fee of $1,420.00. He will also be awarded the expenses he paid of $274.00 on debtors behalf. He, therefore, will be ordered to disgorge to debtors the sum of $2,080.00. All other relief will be denied. A separate order will be entered. (RE: related document(s)[44] Order to Show Cause why Counsel should not be ordered to disgorge fees paid in connection with this case pursuant to Bankruptcy Rule 2017). Signed on 7/14/2009 (Attachments: # (1) Certificate of service)
In Re: Darby General Contracting, Inc.
Date Filed: 08/14/2009
Case number: 8-08-74755-ast 288436_62_opinion.pdf
Memorandum Opinion and Order Denying Debtor's Motion to Extend Time to Confirm a Plan or Reorganization and Denying Emergency Motion to Reconsider (RE: related document(s)[55] Motion to Extend Time filed by Debtor Darby General Contracting, Inc., [61] Motion to Authorize/Direct filed by Debtor Darby General Contracting, Inc.). Signed on 8/14/2009
In Re: Gold & Honey, Ltd.
Date Filed: 08/21/2009
Case number: 8-09-70463-ast 295776_22_opinion.pdf
Memorandum Opinion (RE: related document(s)[1] Petition Foreign Proceeding (Chapter 15) filed by Foreign Representative Gold & Honey, Ltd.). This Court denies the Receivers Petitions for Recognition of the Israeli Receivership Proceeding as a foreign proceeding under Chapter 15 of the Bankruptcy Code. This Court will issue separate Orders hereon Signed on 8/21/2009
In Re: Gold & Honey (1995) LP
Date Filed: 08/21/2009
Case number: 8-09-70464-ast 295778_23_opinion.pdf
Memorandum Opinion (RE: related document(s)[1] Petition Foreign Proceeding (Chapter 15) filed by Foreign Representative Gold & Honey (1995) LP). This Court denies the Receivers' Petitions for Recognition of the Israeli Receivership Proceeding as a foreign proceeding under Chapter 15 of the Bankruptcy Code. This Court will issue separate Orders hereon. Signed on 8/21/2009
In Re: Steven Seligman and Sandy Seligman
Date Filed: 08/28/2009
Case number: 8-08-75786-ast 290755_27_opinion.pdf
Memorandum Opinion Debtors Motion to Sever will be granted. Debtors counsel is directed to submit an Order consistent herewith within ten (10) days following entry of this opinion(RE: related document(s)[24] Motion to Sever Chapter 7/13 Case filed by Debtor Steven Seligman, Joint Debtor Sandy Seligman). Signed on 8/28/2009
In Re: Fitzsimmons v. American Home Mortgage Servicing, INC.,Successor
Date Filed: 09/15/2009
Case number: 8-09-08094-ast 297862_18_opinion.pdf
Memorandum Opinion (RE: related document(s)[9] Motion for Summary Judgment filed by Defendant American Home Mortgage Servicing, Inc.). Summary judgment will be granted in favor of AHMSI on all of debtors claims. Counsel for AHMSI is directed to submit a judgment within ten (10) days of the entry hereof. Signed on 9/15/2009
In Re: James Spina
Date Filed: 09/24/2009
Case number: 8-09-71298-ast 297670_26_opinion.pdf
Memorandum Opinion Regarding Turnover of Tax Refund. This case presented an issue of first impression in this district, and this Courts analysis isalso one of first impression. This Court recognizes the briefing and submissions of the parties addressed the 50/50 Rule and whether it should be adopted by this Court. Therefore, the parties should be afforded the opportunity to submit any further submissions on whether the Debtor orMs. Spina could have avoided or reduced liability for the taxes owed on the 2008 tax returns at issue, if those taxes had not been paid. Any supplemental submissions shall be due twenty (20) days from entry of this opinion. Absent further briefing, this Court will enter an order directing Debtor to turn $1,568.00 over to the Trustee. (RE: related document(s)[18] Motion to Turnover/Surrender Property Under Section 521(a)(4) filed by Trustee Kenneth Kirschenbaum). (Attachments: # (1) Courts Certificate of Mailing) Signed on 9/24/2009
In Re: Marie Montalvo
Date Filed: 10/05/2009
Case number: 8-09-72774-ast 301013_36_opinion.pdf
Memorandum Opinion (RE: related document(s)[13] Motion for Relief From Stay filed by Creditor HSBC Mortgage Services); for the reasons stated herein, in rem relief should be granted, and dismissal with prejudice for one (1) year should be granted. HSBCs counsel is directed to submit Order consistent herewith within ten (10) days following entry of this opinion. Signed on 10/5/2009