Judge Dennis E. Milton Written Opinions

Judge Dennis E. Milton

All Written Opinions (published and non-published since April 2005)

In Re: Voyatzoglou et al v. Hambley et al Date Filed: 08/23/2005
Case number: 1-99-08483-dem 112999_21_opinion.pdf
Decision and Order after Trial - the claim consists of debts arising from the Defendant's willful and malicious injury of the Plaintiffs and thus is nondischargeable (RE: related document(s)[1] Complaint). Signed on 8/23/2005 (ads) Additionalattachment(s) added on 9/17/2008

In Re: Geltzer v. Borriello et al Date Filed: 08/23/2005
Case number: 1-03-01642-dem 184484_39_opinion.pdf
This amends entry of Order No. 38 dated 8/23/05 entered on 8/24/05. Decision and Order Granting Complaint to Recover Money/Property. Trustee is entitled to recover from the defendant the value of the debtor's transferred interest of $75,000.00 (related document(s)[1] Complaint - 454(Recover Money/Property filed by Robert L Geltzer). Signed on 8/23/2005

In Re: Phyllis Gaftick Date Filed: 10/31/2005
Case number: 1-04-20061-dem 203424_39_opinion.pdf
Decision and Order. Court finds that the services the respondents rendered to Gaftick had no value and directs that the respondents shall disgorge $229.00 to the Trustee for return to Gaftick. We the People - SB and We the People - USA shall be fined, jointly and severelly $500.00 for violation of the Bankruptcy Code (RE: related document(s)[9] Generic Motion filed by Trustee David J Doyaga). Signed on 10/31/2005

In Re: Michele H Hjorleifsson and Dawn M Hjorleifsson Date Filed: 02/15/2006
Case number: 1-03-12341-dem 164227_20_opinion.pdf
(DECISION RE-DOCKETED FOR PUBLICATION) Decision and Order denying motion to avoid judgment liens and sell property filed by Michelle H. Hjorleifsson and Dawn M. Hjorleifsson (Related document # [13]). Signed on 2/15/2006

In Re: Hurd v. Hurd Date Filed: 03/13/2006
Case number: 1-02-01626-dem 155179_21_opinion.pdf
(DECISION RE-DOCKETED FOR PUBLICATION) Decision and Order after trial deeming the claim dischargeable (RE: related document(s)[1] Complaint filed by Plaintiff Marianne Hurd). Signed on 3/13/2006

In Re: Merrill Lynch Business Financial Services Inc. et v. Friedman Date Filed: 05/15/2006
Case number: 1-04-01372-dem 202818_35_opinion.pdf
(DECISION RE-DOCKETED FOR PUBLICATION) Decision and Order denying Plaintiff's Motion for Summary Judgment seeking denial of each Defendant's discharge. The Court also denies the Plaintiff's motion to dismiss the Defendant's Third,Fourth, and Fifth Affirmative Defenses. The Court grants the Plaintiff's motion to dismiss the Defendant's Sixth, Seventh, and Eighth Affirmative Defenses. IT IS SO ORDERED (Related document # [23]). Signed on 5/15/2006

In Re: Cadleway Properties Inc as assignee of Merrill Lyn v. Rosner Date Filed: 05/15/2006
Case number: 1-04-01371-dem 202817_37_opinion.pdf
(DECISION RE-DOCKETED FOR PUBLICATION) Decision and Order denying Plaintiff's Motion for Summary Judgment seeking denial of each defendant's discharge. The Court also denies the Plaintiff's motion to dismiss the Defendant's Third,Fourth, and Fifth Affirmative Defenses. The Court grants the Plaintiff's motion to dismiss the Defendant's Sixth, Seventh, and Eightth Affirmative Defenses. IT IS SO ORDERED (Related document #[21]). Signed on 5/15/2006

In Re: Kelly v. Educational Credit Management Corporation Date Filed: 09/21/2006
Case number: 1-05-01220-dem 230705_24_opinion.pdf
Decision and Order, that for the reasons set forth in Decision, the Court finds that plaintiff has not met her burden pursuant to Section 523(a)(8) of the Bankruptcy Code to demonstrate "undue hardship." Accordingly, plaintiff's student loan debts to ECMC and Sallie Mae are not dischargeable. Signed on 9/21/2006. Redocketed for external web page.

In Re: Musso v. Willie et al Date Filed: 09/25/2006
Case number: 1-02-01330-dem 143178_20_opinion.pdf
Decision and Order that the Application to reopen case is denied in all respects.(Related document(s)[18] Motion to Reopen Adversary Case filed by Creditor Peter Logothetis). Signed on 9/25/2006 (mmr, ) Additional attachment(s) added on 9/17/2008

In Re: Hirsch v. Department of the Treasury - Internal Revenue Serv Date Filed: 09/27/2006
Case number: 1-05-01183-dem 228128_14_opinion.pdf
Decision and Order Finding that the real property located at 1450 Ocean Avenue Brooklyn had a minimum present market value of $800,000; real property located at 2115 Avenue I, Brooklyn had a minimum market value of $825,000; and real property located at 2914 Avenue I, Brooklyn NY had a present market value of $20,000.00 . The Application for an Order pursuant to Section 502 of the Bankruptcy Code Disallowing, Expunging, Modifying and/or Reducing the IRS Proof of Claim is Denied inall aspects. The IRS Proof of Claim is Allowed as Filed.(RE: related document(s)[1] Complaint, filed by Plaintiff Benjamin Hirsch). Signed on 9/27/2006

In Re: Benjamin Hirsch Date Filed: 01/05/2007
Case number: 1-02-17966-dem 146147_413_opinion.pdf
Decision and Order Re: Motion to sell property free and clear of all liens; application approving debtor's Fifth Amended Disclosure Statement and Third Amended Plan; approval of Nachama Hirsch's Disclosure Statement and Plan of Reorganization, application of creditor Maspeth Federal Savings for an order granting relief from stay; application approving compensation for Gabriele Appraisal Company; application by Nachama Hirsch to convert case to a chapter 7; application of Internal Revenue for relief from automatic stay; and application quashing a subpoena and directing Nachama Hirsch from the use of certain documents(RE: related document(s)[402], [276], [226] , [401], [380], [389],[390]). The sales application is denied; the application by Maspeth Federal Savings and Loans Association for relief from the automatic stay is denied; the application for compensation of Gabriel Appraisal Company is denied without prejudice; the application for approval of the debtor's Fifth Amended Disclosure Statement and Third Amended Plan is denied; the application of Nachama Hirsch for approval of her Disclosure Statement and Plan of Reorganization is denied; the application converting the case from a chapter 11 to a chapter 7 is granted; the application of the Internal Revenue Service for relief from stay and the application of the debtor for an order quashing a subpoena and directing Nachama Hirsch from the use of certain documents are adjourned to the status conference in this case scheduled for January 18, 2007. Signed on 1/5/2007

In Re: Jeanette Williams Date Filed: 03/09/2007
Case number: 1-03-19205-dem 175278_93_opinion.pdf
(DECISION RE-DOCKETED FOR PUBLICATION) Decision and Order granting that portion of the application reopening the debtor's case, Order vacating the prior Dismissal Order and declaring JER's refusal to release the liens on the property a violation of the Sale Order. The Court denies that portion of the application asking to impose costs, penalties, and fees on JER. (Related document # [88]). Signed on 3/9/2007

In Re: Pergament v. Corbin et al Date Filed: 03/30/2007
Case number: 1-06-01255-dem 256654_38_opinion.pdf
(DECISION RE-DOCKETED FOR PUBLICATION) Decision and Order finds that Defendant Roger Corbin provided fair consideration to the debtor for the transfers and that the transfers occurred at a time when debtor was solvent. The Court further finds that debtor transferred his interest in the property with no actual intent to hinder, delay or defraud his creditors. The trustee may not avoid the Debtor's transfers of the property as fraudelent conveyance. The Clerk of the Court is hereby directed to enter judgment for the Defendants Roger Corbin and Regina Corbin on the Trustee's First, Second, and Third Claims for relief in the amended complaint, and thereafter to dismiss this adversary proceeding (Related document #)[10]). Signed on 3/30/2007

In Re: Reginald Jones Date Filed: 05/16/2007
Case number: 1-03-21741-dem 179360_27_opinion.pdf
(DECISION RE-DOCKETED FOR PUBLICATION) Decision and Order on application for final compensation: for law offices of Robert L. Geltzer, Trustee's Attorney: fees awarded: $7,586.00, expenses awarded: $121.05; for Robert L. Geltzer, Trustee: fees awarded: $8,460.99, expenses awarded: $74.38; (Related documents # [22], [23]). Signed on 5/16/2007

In Re: Aston Baker Date Filed: 08/02/2007
Case number: 1-01-24227-dem 38947_414_opinion.pdf
Opinion/Decision Court finds that this Court has jurisdiction to resolve the Application; that the Auction Agreement authorized Sheldon Good to retain counsel and required the debtor to indemnify Sheldon Good for legal fees and costs incurred; and that Sheldon Good is entitled to reimbursement in the amount of $102,589.49 for legal fees incurred but is not entitled to reimbursement of the $4,341.44 in claimed expenses because Sheldon Good provided no documentation to substantiate that these were actual out-of-pocket expenses. The denial of this portion of the Application is without prejudice to renew upon presentation of supporting documentation for the claimed expenses designated by Judge as Written Opinion (RE: related document(s)[402] Signed on 8/2/2007

In Re: Schaefer v. Demar Date Filed: 08/13/2007
Case number: 1-06-01419-dem 259914_14_opinion.pdf
Decision and Order Dismissing Complaint; designated by Judge as Written Opinion. (RE: related document(s)[1] Complaint filed by Plaintiff Carolyn Schaefer). So Ordered 8/13/2007.

In Re: Liani v. Baker et al Date Filed: 08/16/2007
Case number: 1-05-01556-dem 254060_42_opinion.pdf
Opinion/Decision that pursuant to the holding of the Court of Appeals in In re Smart World Technologies, 423 F.3d 166 (2d Cir.2005), the plaintiff and Sheldon Good lack standing to bring the Application, and for the reason set forth within, the Application to approve the proposed settlement is Denied, and the Debtor's Application for Abstention is Denied. (RE: related document(s)[28] Motion to Compromise Controversy, filed by Counter-Defendant Simon Liani, Plaintiff Simon Liani, [32] Generic Motion, ). Signed on 8/16/2007

In Re: Reginald Jones Date Filed: 08/23/2007
Case number: 1-03-21741-dem 179360_38_opinion.pdf
Decision on Application for Reconsideration - The Court finds that none of the reasons for considering a motion for reconsideration are present and denies the Application for Reconsideration; the Trustee's fee has been adjusted upward from $8,460.99 to $11,087.50. For Robert L Geltzer, Trustee: fees awarded: $2,626.51, expenses awarded: $0.00; (RE: related documents [22],[23],[28]). Signed on 8/23/2007

In Re: Rogers v. Key Bank Date Filed: 08/31/2007
Case number: 1-06-01459-dem 261649_25_opinion.pdf
Decision and Order Denying Application for Summary Judgment on Count I of the Amended Complaint in all Respects. Designated by Judge as Written Opinion. (RE: related document(s)[13] Motion for Summary Judgment filed by Plaintiff Maureen L Rogers). Signed on 8/31/2007

In Re: Benjamin Hirsch Date Filed: 12/11/2008
Case number: 1-02-17966-dem 146147_507_opinion.pdf
Decision and Order on Application for payment of professional fees for legal services; the Court grants the Applications as follows: the Court awards Stein Riso and Haspel a total of One Hundred Eighty Thousand Dollars ($180, 000.00), to be allocated between Stein Riso and Haspel as they deem appropriate. The amount is to be distributed as follows: $150,000.00 within ten days of this Decision and Order, and $30,000.00 upon the final meeting of creditors (RE: related document(s)[459] Application for Compensation filed by Stein Riso Mantel LLP, [460] Application for Compensation filed by Spec. Counsel Joseph J Haspel PLLC). Signed on 12/11/2008

In Re: Claret Hedo Date Filed: 01/23/2009
Case number: 1-08-40148-dem 277750_26_opinion.pdf
Decision and Order on Application for Order to Continue, Extend or Reimpose the Automatic Stay pending Appeal. The application is denied in all respects (RE: related document(s)[24] Motion to Continue/Extend/Reimpose Stay filed by Debtor Claret Hedo). Signed on 1/23/2009

In Re: Adelaide C Chambers Date Filed: 02/13/2009
Case number: 1-09-40201-dem 295102_13_opinion.pdf
Opinion/Decision Denying Debtor's Application to Extend Automatic Stay. (RE: related document(s)[12] Motion to Extend Automatic Stay filed by Debtor Adelaide C Chambers, Motion to Extend Deadline to File Schedules). Signed on 2/13/2009

In Re: Thomas P Parkin Date Filed: 02/20/2009
Case number: 1-09-40489-dem 295624_13_opinion.pdf
Decision and Order Granting Relief From the Automatic Stay pertaining to the property located at 492 Sixth Avenue, a/k/a 338 Twelfth Street, Brooklyn, New York, 11215; Samir Chopra may enforce his rights under non-bankruptcy law to the Property. The Court does not reach that portion of the Application which seeks the imposition of sanctions at this time, but notes that it shall consider the imposition of in rem relief should the debtor's case be subsequently dismissed. (RE: related document(s)[5] Motion for Relief From Stay filed by Creditor Samir Chopra). Signed on 2/20/2009

In Re: 2443 Poplar Street Corp. Date Filed: 04/20/2009
Case number: 1-09-40392-dem 295479_25_opinion.pdf
Decision and Order Denying Motion for Recusal of Judge(RE: related document(s)[19] Motion to Recuse Judge filed by Petitioning Creditor AMK Capital Corp., as agent). Signed on 4/20/2009

In Re: 523 Rutland Development Corp. Date Filed: 04/20/2009
Case number: 1-09-40389-dem 295476_26_opinion.pdf
Decision and Order Denying Motion for Recusal of Judge (RE: related document(s)[20] Motion to Recuse Judge filed by Petitioning Creditor MBM Capital Corp., as agent, Petitioning Creditor and AMK Capital Corp., as agent). Signed on 4/20/2009

In Re: Amiel Ishaky Date Filed: 04/20/2009
Case number: 1-09-40387-dem 295473_31_opinion.pdf
Decision and Order Denying Motion for Recusal of Judge (RE: related document(s)[21] Motion to Recuse Judge filed by Petitioning Creditor AMK Capital Corp.). Signed on 4/20/2009

In Re: Ramada Homes, Inc. Date Filed: 04/20/2009
Case number: 1-09-40386-dem 295469_26_opinion.pdf
Decision and Order Denying Motion for Recusal of Judge (RE: related document(s)[20] Motion to Recuse Judge filed by Petitioning Creditor AMK Capital Corp.). Signed on 4/20/2009

In Re: Vincenzo Coppola and Letizia Coppola Date Filed: 04/20/2009
Case number: 1-96-21661-dem 283364_26_opinion.pdf
Decision and Order Denying Application to Reopen Chapter 7 Case. (RE: related document(s)[15] Motion to Reopen Chapter 7 Case filed by Debtor Vincenzo Coppola, Joint Debtor Letizia Coppola). Signed on 4/20/2009 (evt). Modified on 4/20/2009

In Re: XL-Care Agency, Inc. Date Filed: 04/20/2009
Case number: 1-05-15960-dem 225214_137_opinion.pdf
Decision.(RE: related document(s)[133] Order for Compensation Dated November 15, 2009. filed by Trustee Alan Nisselson, Accountant Eisner LLP, Accountant Citrin Cooperman & Company, LLP, Attorney Fox Rothschild LLP, Trustee's Atty Windels Marx Lane & Mittendorf, LLP). Signed on 4/20/2009

In Re: Liani v. Baker et al Date Filed: 05/04/2009
Case number: 1-05-01556-dem 254060_68_opinion.pdf
Decision and Order on Motions and Cross Motion for Summary Judgment; The Court denies Lianis application for summary judgment. The Court grants theapplication of the debtor for summary judgment and denies the Cross-Motion of Sheldon Good. (RE: related document(s)[45], [53]). Signed on 5/4/2009

In Re: Gemini Computers, Inc. v. POS Computers USA, Inc. et al Date Filed: 05/05/2009
Case number: 1-07-01467-dem 272142_39_opinion.pdf
Decision and Order on Application regarding the Removal of The State Court Action and Relief From the Automatic Stay for the reasons set forth more fully above. The Court finds that the Plaintiff's Notice of Removal was proper and also finds that equitable grounds exist warranting the remand of Adversary Proceeding No. 1-07-01467-dem. Accordingly, this matter is remanded to the Supreme Court of the State of New York, Queens County. This Court shall retain jurisdiction over Adversary Proceeding No. 1-07-1843-dem. (RE: related document(s)[10] Motion for Remand filed by Defendant Edward Babekov, Motion for Sanctions for Violation of the Automatic Stay). Signed on 5/5/2009

In Re: Gemini Computers, Inc. v. Babekov Date Filed: 05/05/2009
Case number: 1-07-01483-dem 272669_16_opinion.pdf
Decision and Order Remanding Adversary Proceeding Number 07-1467-dem to the Supreme Court of the State of New York, Queens County. This Court Shall Retain Jurisdiction over Adversary Proceeding Number 07-1483-dem. (RE: related document(s)[15] Motion for Remand filed by Plaintiff Gemini Computers, Inc.). Signed on 5/5/2009 (evt) Modified on 5/5/2009

In Re: Nicholas v. Oren Date Filed: 06/05/2009
Case number: 8-07-08222-dem 272585_42_opinion.pdf
Decision(RE: related document(s)[15] Motion for Summary Judgment filed by Plaintiff Stephen Nicholas). The Court denies that portion of the plaintiff's motion which seeks a finding that the defendant's Note charged a usorious rate of interest was void ab initio but grants that portion of the Motion which seeks an Order (1) prohibiting the defendant from charging compound interest and directing that the defendant recalculate the amount due him; and (2) fixing the amount of the defendant's claim upon review of that calculation. With regard to the Cross-Motion, the Court grants that portion of the Cross-Motion only insofar as it seeks an Order fixing the defendant's claim but otherwise denies the Cross-Motion in all respects. Signed on 6/5/2009

In Re: Sun-Ming Sheu Date Filed: 06/16/2009
Case number: 1-09-43929-dem 302553_22_opinion.pdf
Decision and Order on Application to Rescind Foreclosure Sale. The Court finds no basis to extend the automatic stay provided to the debtor to the debtors wholly owned non-debtor corporation, QQ Network. Because the automatic stay does not extend to QQ Networks assets, the Court denies the debtors application to rescind the foreclosure sale. In view of this determination, the Court hereby dissolves the Temporary Restraining Order. In addition, the provisions of Rule 4001(a)(3) of the Federal Rules of Bankruptcy Procedure, which provide for a ten day stay of this Decision and Order, are not applicable to this Decision and Order. (RE: related document(s)[11] Order to Show Cause, Temporary Restraining Order). Signed on 6/16/2009

In Re: Dial-A-Mattress Operating Corp. Date Filed: 06/24/2009
Case number: 1-09-41966-dem 298569_238_opinion.pdf
Decision and Order on Debtors' Motion to Sell Substantially all of its assets (RE: related document(s)[108]). Signed on 6/24/2009

In Re: Mc Donald Lynch Date Filed: 07/06/2009
Case number: 1-08-46308-dem 289430_29_opinion.pdf
Decision and Order DENYING confirmation of the debtor's Chapter 13 plan. Under a separate Order, the Court shall restore the matter to the Court's Chapter 13 Confirmation calendar on July 22, 2009 (related document(s)[4] Chapter 13 Plan filed by Debtor Mc Donald Lynch). Signed on 7/6/2009

In Re: Laura Kelly Date Filed: 07/06/2009
Case number: 1-05-13887-dem 221913_14_opinion.pdf
Decision and Order Reopening Debtor's Chapter 7 Case and Amend Title (RE: related document(s)[13] Motion to Reopen Chapter 7 Case filed by Debtor Laura Kelly, Motion to Seal Document(s)). The Debtor's Motion to seal the records in Case No. 09-41966-dem and the Adversary Proceeding Case No. 05-1220-dem is denied. Signed on 7/6/2009

In Re: Kelly v. Educational Credit Management Corporation Date Filed: 07/06/2009
Case number: 1-05-01220-dem 230705_26_opinion.pdf
Decision and Order Reopening Adversary Case 05-1220-dem. The Debtor's Motion to seal the records in the Adversary Proceeding Case No. 05-1220-dem is denied. Signed on 7/6/2009 (rjl) (RE: related document(s)[25] Motion to Reopen Adversary Case filed by Plaintiff Laura Kelly, Motion to Seal Document(s)). Signed on 7/6/2009

In Re: Laura Kelly Date Filed: 07/06/2009
Case number: 1-05-13887-dem 221913_15_opinion.pdf
ENTERED IN ERROR: Decision and Order Reopening Adversary Case 05-1220-dem. The Debtor's Motion to seal the records in the Adversary Proceeding Case No. 05-1220-dem is denied. Signed on 7/6/2009 (rjl) (RE: related document(s)[25] Motion to Reopen Adversary Case filed by Plaintiff Laura Kelly, Motion to Seal Document(s)). Signed on 7/6/2009 (rjl) Modified on 7/6/2009

In Re: Bownetree LLC Date Filed: 07/24/2009
Case number: 1-08-45854-dem 288484_110_opinion.pdf
Opinion/Decision on Application for Calculation of Post-Petition Interest Rate and Awarding Kennedy Funding $61,337.96 as the Authorized Payment to Kennedy Funding for Reasonable Attorneys Fees and Costs. Signed on 7/24/2009

In Re: Doyaga et al v. The Phillip Cho Irrevocable Trust et al Date Filed: 07/30/2009
Case number: 1-08-01113-dem 283687_24_opinion.pdf
Decision and Order hereby disqualifying Ms. Wang from representation of the defendants in this adversary proceeding; the Court has stayed discovery in the adversary proceeding and shall issue an amended pre-trial scheduling order at the next status conference in the adversary proceeding. The Court shall hold a status conference in the main case and the adversary proceeding on 9/17/2009 at 2:00 p.m. (RE: related document(s)[17] Motion to Authorize/Direct filed by Plaintiff David J Doyaga, Motion To Stay). Signed on 7/30/2009

In Re: LBC Building Corp, Inc. Date Filed: 07/30/2009
Case number: 1-08-41946-dem 281083_112_opinion.pdf
Decision and Order on Objection to Claim No.5 of Howell Materials, Inc (RE: related document(s)[83] Motion to Object/Reclassify/Reduce/Expunge Claims). Signed on 7/30/2009

In Re: LBC Building Corp, Inc. Date Filed: 07/30/2009
Case number: 1-08-41946-dem 281083_113_opinion.pdf
Decision and Order on Objection to Claim No.1 of Joseph J and Victoria P Undrosky (RE: related document(s)[84] Motion to Object/Reclassify/Reduce/Expunge Claims). Signed on 7/30/2009

In Re: Michael R Wessel Date Filed: 08/03/2009
Case number: 1-09-41068-dem 296666_38_opinion.pdf
Decision and Order Denying Debtor's application for damages arising from alleged violation of automatic stay (related document(s)[20] Motion to Impose Automatic Stay filed by Debtor Michael R Wessel). Signed on 8/3/2009

In Re: Adams v. Cho Date Filed: 08/04/2009
Case number: 1-08-01226-dem 290316_9_opinion.pdf
Decision and Order Directing Disqualification of Counsel (RE: related document(s)[8] Motion to Remove Professional filed by Plaintiff Diana G Adams). Signed on 8/4/2009

In Re: Ray Realty Fulton, Inc. Date Filed: 08/21/2009
Case number: 1-09-41225-dem 297012_51_opinion.pdf
Decision on Scope of Break Up Fee on Debtor's Bidding Procedures Motion. The Court finds a Break Up is warranted in this case; fixes the amount of the Break Up Fee at 3.5% of the $6.5 million purchase price, or $227,500.00; and determines that the payment of the Break Up Fee shall be borne by the debtor as an administrative expense. (RE: related document(s)[39] Motion to Authorize/Direct filed by Debtor Ray Realty Fulton, Inc.). Signed on 8/21/2009

In Re: Bownetree LLC Date Filed: 08/27/2009
Case number: 1-08-45854-dem 288484_113_opinion.pdf
Decision and Order on Award of Attorneys fees in the amount of $81,410.50 and $2,500.00 in costs. (re: [108] Final Application for Compensation. for Law Office of Stephen B. Kass, P.C. as Attorney; Fees: $ 92,910.50 Expenses: $ 2,500.00). Signed on 8/27/2009

In Re: Nicholas v. Oren Date Filed: 09/01/2009
Case number: 8-07-08222-dem 272585_51_opinion.pdf
Decision and Order on Applications for Summary Judgment Following Submission of Parties' Calculations. The Court fixes the Proof of Claim of the defendant Matthew E. Oren at $48,076.30 (RE: related document(s)[15] Motion for Summary Judgment filed by Plaintiff Stephen Nicholas, [33] Motion for Summary Judgment filed by Defendant Matthew E Oren). Signed on 9/1/2009

In Re: Nicholas v. Oren Date Filed: 09/01/2009
Case number: 8-07-08222-dem 272585_50_opinion.pdf
Corrected Decision and Order on Applications for Summary Judgment. This Decision and Order corrects three typographical errors and one grammatical error from this Court's Decision and Order on Applications for Summary Judgment dated and filed June 5, 2009 (RE: related document(s)[42] Decision ). Signed on 9/1/2009

In Re: Joseph Richard Vela Date Filed: 09/03/2009
Case number: 1-09-45134-dem 304893_31_opinion.pdf
Decision and Order on Application for Order to Show Cause For Order Validating Post Petition Auction Foreclosure Sale.(RE: related document(s)[24] Amended Motion for Relief, [25] Order to Show Cause). Signed on 9/3/2009

In Re: Betina G Koloch Date Filed: 09/30/2009
Case number: 8-07-73919-dem 273951_53_opinion.pdf
Decision and Order Granting the Motion to the extent that it reduces CitiMortgage's Proof of Claim and allows CitiMortgage's claim in the reduced amount of $444,590.14 as follows:(A) Mortgage Balance 221,773.69(B) Interest 122,176.31(C) Escrow Advances 79,463.31(D) Late Charges 3,217.92(E) Deficiency Expenses 15,657.36(F) Appraisal Fees 1,565.00(G) Inspection Fees 736.55(H) Interest on Escrow Advances 0.00Total 444,590.14 (RE: related document(s)[30] Motion to Object/Reclassify/Reduce/Expunge Claims filed by Interested Party Lidia Swiatkowski). Signed on 9/30/2009

In Re: Hirsch v. Hirsch Date Filed: 10/13/2009
Case number: 1-07-01139-dem 267289_60_opinion.pdf
Decision and Order on Motion to Dismiss the Court finds (1) that plaintiff has failed to set forth factual allegations necessary to state a cause ofaction under Sections 523(a)(2), (4) and (6) or 727(a); AND (2) that the plaintiff set forth factual allegations necessary to state a cause of action under Section 523(a)(5) and (15). The Court allows counts Nineteen, Twenty, and Twenty-Four of the Complaint to go forward. None of the changes in the Proposed Amended Complaint either cured the deficiencies or changed the decisions concerning the facial sufficiency of the pleading contained in the original Complaint (RE: related document(s)[44] Order to Show Cause for Dismissal of Case). Signed on 10/13/2009

In Re: Romaine Moise Inc. Date Filed: 10/28/2009
Case number: 1-09-49038-dem 312458_14_opinion.pdf
Decision GRANTING the application to the limited extent that R&S Jamaica LLC shall allow Ms. Marie Fort-Monville, President of the debtor, access to the property on October 31, 2009 from 8:00 a.m. EDT to 9:00 a.m. EDT only for the sole purpose of removing personal belongings, financial documents and papers necessary for the preparation of the debtor's schedules for this bankruptcy proceeding and DENYING the application in all other respects (related document(s)[8] Motion for Violation of Automatic Stay filed by Debtor Romaine Moise Inc.) Signed on 10/28/2009

In Re: Crown Ohio Investments, LLC Date Filed: 11/13/2009
Case number: 1-09-46767-dem 308134_30_opinion.pdf
Decision and Order (related document(s)[29] Affirmation in Support filed by Creditor Wells Fargo Bank, N.A. as Trustee for the Registered Holders of LaSalle Commercial Mortgage Securities Inc., Commercial Pass-Through Certificates, Series 2005-MF1, acting by and through its Special Se). For the reasons set forth above, with regard to the ex parte application of creditor Wells Fargo for an Order Shortening the Notice Period concerning its Request for Document Production from the debtor, the Application is granted in part and denied in part. Signed on 11/13/2009