All Written Opinions (published and non-published since April 2005)
Show recent opinions firstIn Re: PBA Tour Gear Inc
Date Filed: 07/05/2005
Case number: 8-02-82195-dte 139481_224_opinion.pdf
Decision ON (RE: related document(s)[164] Motion to Authorize/Direct filed by Debtor PBA Tour Gear Inc). Granted to the extent that W&W is directed to disgorge all fees paid pursuant to the post petition retainer agreements. W&W is authorized tokeep $22,000 paid as a pre-petition retainer as general counsel and to keep $25,500 paid as a pre-petition retainer as special litigation counsel, settle order within seven days of entry. Signed on 7/5/2005
In Re: Poseidon Pool & Spa Recreational, Inc.
Date Filed: 05/19/2006
Case number: 8-05-87603-dte 243460_120_opinion.pdf
Memorandum Decision and Order denying Debtor's Motion for Reconsideration of the Court's December 7, 2005 Order. Signed on 5/19/2006
In Re: Ninoska Morales
Date Filed: 05/24/2006
Case number: 8-06-70854-dte 256638_18_opinion.pdf
Opinion/Decision Granting (RE: related document(s)[10] Motion to Extend Time for a Temporary Exemption From Credit Counseling Requirement filed by Debtor Ninoska Morales, [15] Amended Motion to Extend Time for a Temporary Exemption From Credit Counseling Requirement, filed by Debtor Ninoska Morales); Debtor complies with courts requirements. Signed on 5/24/2006
In Re: Ninoska Morales
Date Filed: 05/24/2006
Case number: 8-06-70854-dte 256638_19_opinion.pdf
Amended Opinion/Decision (RE: related document(s)[18] Opinion/Decision for External Web Page). Signed on 5/24/2006
In Re: International Total Services Inc
Date Filed: 08/15/2006
Case number: 1-01-21812-dte 36442_1812_opinion.pdf
Memorandum/Decision (RE: related document(s)[1780] Motion to Vacate Stipulation dated January 2004 filed by Creditor Robert P Weitzel).Motion Denied a separate order shall be entered simultaneously with this memorandum decision. Signed on 8/15/2006 (dlt, ) Additional attachment(s) added on 9/17/2008
In Re: Richard Novak
Date Filed: 10/17/2006
Case number: 8-04-85622-dte 207384_89_opinion.pdf
Memorandum Decision and Order Denying the Debtor's objections to The Bank of New York (BONY) claim and Brendon Bates (Bates) secured claim are denied. Bates' secured claim shall be allowed in the amount of $205,000, which represents the $70,000 attributable to the value of the Lot pursuant to the May 15, 2003 Agreement and $135,000 attributable to Bates' interest in the Property as a 50% co-tenant. Bates will have an unsecured claim with respect to the reimbursement of the Debtor's share of any unpaid expenses relating to the Property and the Lot to the extent such claim for reimbursement is supported. BONY's secured claim with respect to its judgment lien shall be allowed in the amount of $125,000, which represents the Debtor's 50% interest in the proceeds relating to the sale of the Property less the Debtor's $10,000 homestead exemption, and BONY shall be allowed an unsecured claim in the amount of $545,528.90 for the balance of its judgment lien. (RE: related document(s)[51] Motion to Object/Reclassify/Reduce/Expunge Claims, filed by Debtor Richard Novak). Signed on 10/17/2006 (Attachments: # (1) Courts Certificate of Mailing) (amp, ) Modified on 10/18/2006 to remove ? marks.
In Re: Ackerman v. Ventimiglia et al
Date Filed: 02/27/2007
Case number: 8-04-08501-dte 207360_40_opinion.pdf
Memorandum Decision and Order Granting in Part and Denying in Part Trustee's Complaint Designated by Judge as Written Opinion (RE: related document(s)[1] Complaint filed by Plaintiff Neil H Ackerman). Signed on 2/27/2007
In Re: Rodion Lukach
Date Filed: 05/08/2007
Case number: 8-05-89014-dte 248726_36_opinion.pdf
Opinion/Decision Granting motion for violation of Automatic Stay. (RE: related document(s)[29] Motion for Violation of Automatic Stay, filed by Debtor Rodion Lukach). Signed on 5/8/2007 (jeb, ) Additional attachment(s) added on 5/8/2007
In Re: Randy Colgate
Date Filed: 05/31/2007
Case number: 8-06-71739-dte 259264_26_opinion.pdf
Memorandum Decision and Order directing debtor's case to be dismissed, unless the debtor, within twenty days of entry of this Memorandum Decision and Order, elects to convert his Chapter 7 case to a case under Chapter 13. (RE: related document(s)[17] Motion to Dismiss Chapter 7 Case for Abuse under 11 U.S.C. 707, filed by U.S. Trustee United States Trustee). Signed on 5/31/2007 (Attachments: # (1) Mailing Certificate)
In Re: Anna Lombardo
Date Filed: 06/29/2007
Case number: 8-06-73127-dte 262941_20_opinion.pdf
Memorandum Decision and Order Granting Verkowitz motion for dismissal of the debtor's petition .(RE: related document(s)[7] Motion to Dismiss Case filed by Creditor Charlene K Verkowitz). Signed on 6/29/2007
In Re: Michael Levinson
Date Filed: 07/24/2007
Case number: 8-06-73344-dte 263548_32_opinion.pdf
Memorandum Decision and Order denying Debtor's Motion to avoid R & E's judgment lien.(RE: related document(s)[26] Motion to Avoid Lien, filed by Debtor Michael Levinson). Signed on 7/24/2007 (jeb, ) Modified on 7/24/2007
In Re: Sandra Rothman SLP, P.C.
Date Filed: 08/02/2007
Case number: 8-07-71129-dte 266836_50_opinion.pdf
Memorandum Decision and Order(RE: related document(s)[21] Motion to Assume/Reject Lease or Executory Contract filed by Debtor Sandra Rothman SLP, P.C.). Signed on 8/2/2007
In Re: Barbieri v. Barbieri
Date Filed: 11/29/2007
Case number: 1-03-01131-dte 164685_91_opinion.pdf
Memorandum Decision Denying a declaratory judgment finding the Plaintiff, Louis Barbieri, to be the true and beneficial owner of the shares of the Corporate Debtor. (RE: related document(s)[1] Complaint filed by Plaintiff Louis. Barbieri). Signed on 11/29/2007 (sap, ) Modified on 11/30/2007 for clarification.
In Re: Pereira v. Barbieri et al
Date Filed: 11/29/2007
Case number: 1-06-01427-dte 260323_25_opinion.pdf
Memorandum Decision Denying a declaratory judgment finding the Plaintiff to be the true and beneficial owner of the shares of the Corporate Debtor. (RE: related document(s)[1] Complaint filed by Plaintiff John S Pereira). Signed on 11/29/2007
In Re: Micro Connections, Inc. et al v. Shah
Date Filed: 01/10/2008
Case number: 8-06-08450-dte 262896_65_opinion.pdf
Opinion/Decision Denying the debtors Discharge. (RE: related document(s)[1] Complaint, filed by Plaintiff Micro Connections, Inc., Plaintiff Vishnu Dayal). Signed on 1/10/2008
In Re: Demmert Building Company, Inc. v. AMP, Inc. et al
Date Filed: 02/25/2008
Case number: 8-07-08100-dte 265968_22_opinion.pdf
Memorandum Decision Denying (RE: related document(s)[14] Motion for Summary Judgment filed by Defendant AMP, Inc., Defendant Andrew J. DeJoseph, Defendant Paul Senzer, Defendant Mitchell Barnett, Granting in Part [17] Cross Motion for Summary Judgment filed by Plaintiff Demmert Building Company, Inc.)An Evidentiary will be held on March 27, 2008 @10:00. Signed on 2/25/2008
In Re: United States Trustee v. Spreagle, LLC et al
Date Filed: 03/18/2008
Case number: 8-07-08178-dte 269259_27_opinion.pdf
Memorandum Decision and Order; Trustee's request for actual damages and monetary sanctions under 11 U.S.C.110(i) and (l) against Rathjen under its first through fifth causes of action is denied. Rathjen is hereby permanently enjoined from actingas a bankruptcy petition preparer before the United States Bankruptcy Court for the Eastern District of New York under 11 U.S.C. 105(a).Rathjen is hereby directed to pay five hundred dollars to the Clerk, US Bankruptcy Court within 30 days of the entry of this order. If the monetary sanction is not timely paid, the Court may schedule a hearing on whether the monetary sanction should be increased for failure to comply with this Court's order. (RE: related document(s)[1] Complaint filed by Plaintiff United States Trustee). Signed on 3/18/2008 (amp) Additional attachment(s) added on 3/18/2008
In Re: Mario C Rodriguez
Date Filed: 04/22/2008
Case number: 8-98-85361-dte 104584_98_opinion.pdf
DUPLICATE ENTRY OF #97 to allow for access on external web page- Memorandum Decision and Order (RE: related document(s)[86] Denying Cross-Motion to Dismiss filed by the United States of America, Internal Revenue Service [82] Granting Motion for Summary Judgment with respect to the disallowance of Claim #11. The Trustee's refund request for overpayment of federal income taxes for the 1995 tax year by the debtor is denied and the Trustee's refund request for overpayment of federal income taxes for the 1996 tax year by the Debtor is granted in the amount of $6,082.70 with interest payable from the date of overpayment as set forth in 26 U.S.C. 6611. [67]Granting Motion to Object/Reclassify/Reduce/Expunge Claims filed by Trustee Robert L. Pryor). Signed on 4/22/2008 (sap, ) Modified on 4/23/2008
In Re: Poseidon Pool & Spa Recreational, Inc. et al v. Estate of Vincent J. Arbore et al
Date Filed: 07/03/2008
Case number: 8-06-08222-dte 257979_49_opinion.pdf
Memorandum/Decision Granting Summary Judgment for the dismissal of the first and third counterclaims with prejudice. The Trustee's motion to dismiss the fourth counterclaim is granted without prejudice. The Trustee's motion to dismiss the second counterclaim is denied without prejudice and the Court will schedule a separate evidentiary hearing with respect to the second counterclaim (RE: related document(s)[32] Motion to Dismiss Document filed by Counter-Claimant/Plaintiff Andrew M. Thaler). Signed on 7/3/2008
In Re: Rosemarie Conde-DeDonato
Date Filed: 07/22/2008
Case number: 8-07-73183-ast 272192_51_opinion.pdf
BY USBJ DOROTHY EISENBERG Memorandum/Decision Denying (RE: related document(s)[18] Motion to Expunge Claim #2 by Homecomings Financial LLC filed by Debtor Rosemarie Conde-DeDonato and Allowing Claimant's Claim for additional fees. An Order consistent with this decision will be filed contemporaneously Signed on 7/22/2008 (dlt, ) Modified on 7/23/2008
In Re: Gilman v. Golio et al
Date Filed: 08/14/2008
Case number: 8-07-08302-dte 274620_20_opinion.pdf
Memorandum and Decision that the undisputed $281,716.43 portion of the $861,924.94Judgment which represents child support arrears is a nondischargable domestic support obligation incurred by the Debtor. The Debtor?s obligation to pay the outstanding balance of the $861,924.94 Judgment and the $183,458.55 Judgment are excepted from discharge. The Court shall schedule an evidentiary hearing to determine the amount of attorney?s fees and costs incurred by the Plaintiff in prosecuting this adversary proceeding.(RE: related document(s)[1] Complaint,filed by Counter-Defendant Patricia Gilman, Plaintiff Patricia Gilman). Signed on 8/14/2008
In Re: Patricia Martinez
Date Filed: 08/18/2008
Case number: 8-08-71123-dte 280026_29_opinion.pdf
Memorandum Decision and Order. The Debtor is entitled to claim a homestead exemption under N.Y. C.P.L.R. 5206 with respect to the Property. The Trustee'sObjection is overruled. (RE: related document(s)[17] Motion to Object to Homestead Exemption filed by Trustee Kenneth Kirschenbaum). Signed on 8/18/2008
In Re: Shiboleth et al v. Yerushalmi
Date Filed: 09/04/2008
Case number: 8-08-08037-dte 279677_15_opinion.pdf
Memorandum Decision plaintiff's first cause of action is dismissed without prejudice for failure to state cause of action and for failure to plead with particularity. Plaintiff's second and third causes of action are not barred on the grounds of statute of limitations or collateral estoppel, and they state a claim upon which relief can be granted. Defendant's Motion to Dismiss with respect to these claims is denied. Plaintiff's fourth, fifth, sixth, and seventh cause of action are allowed as they have been pled with particularity, and defendant's motion to dismiss with respect to these claims is denied. designated by Judge as Written Opinion. (RE: related document[1] Complaint filed by Plaintiff Amnon Shiboleth, Plaintiff Yerushalmi, Shiboleth, Yisraeli & Roberts, LLP). Signed on 9/4/2008 (jaf, ) Modified on 9/4/2008 for clarification
In Re: Pergament v. Precision Sounds DJ's, Inc. et al
Date Filed: 10/06/2008
Case number: 8-05-08928-dte 253507_34_opinion.pdf
Memorandum Decision Granting Judgment against Douglas Oko in the sum of $76,955.63 (RE: related document(s)[1] Complaint filed by Plaintiff Marc A Pergament). Signed on 10/6/2008
In Re: Sunil Parikh
Date Filed: 11/04/2008
Case number: 8-07-72869-dte 271330_70_opinion.pdf
Opinion/Decision Denying Parikhs' Motion for Reconsideration of this Court's May 29, 2008 decision and Motion for protective order. (RE: related document(s)[57] Motion to Reconsider filed by Debtor Sunil Parikh, Motion for Protective Order). Signed on 11/4/2008
In Re: Pryor v. Ventola et al
Date Filed: 12/11/2008
Case number: 8-07-08344-dte 277077_19_opinion.pdf
Memorandum Decision and Order Dismissing The Trustees third cause of action for a declaratory judgment imposing a constructive trust or, in the alternative, finding unjust enrichment on the part of Defendant Bianca Ladowski a/k/a Bianca Ventola (RE: related document(s)[1] Complaint filed by Plaintiff Robert L. Pryor). Signed on 12/11/2008
In Re: Thomas A Napolitano and Mary Napolitano
Date Filed: 12/23/2008
Case number: 8-07-73361-dte 272582_51_opinion.pdf
Memorandum Decision and Order Approving the Trustee's motion seeking approval of the Second Stipulation and overruling the Debtors' objection. (RE: related document(s) [42] Motion to Enter into Agreement filed by Trustee Neil H Ackerman). Signed on 12/23/2008
In Re: Richard A Smith
Date Filed: 01/26/2009
Case number: 8-96-80189-dte 62435_232_opinion.pdf
(Opinion/Decision) Memorandum and Order Denying Motion To Reopen Case. (RE: related document(s)[215] Motion to Reopen Chapter 7 Case filed by Debtor Richard A Smith). Signed on 1/26/2009 (ssw) Modified on 1/26/2009
In Re: Mendelsohn v. Paragon Mortgage Bankers Corp. et al
Date Filed: 01/27/2009
Case number: 8-07-08267-dte 274229_48_opinion.pdf
Memorandum Decision denying the Plaintiff's requested relief against Defendants Hurtado and Focarile. (RE: related document(s)[1] Complaint filed by Plaintiff Allan B Mendelsohn). Signed on 1/27/2009
In Re: Thaler v. New Millennium Pawnbrokers, Inc. et al
Date Filed: 03/05/2009
Case number: 8-08-08149-dte 285760_19_opinion.pdf
Opinion/Decision Granting The Trustee's Motion for Summary Judgment for the first, second and third cause of action (RE: related document(s)[11] Motion for Summary Judgment filed by Plaintiff Andrew M. Thaler) and Denying Defendants' Cross Motion for summary judgment as to trustee (RE: related document[14] Motion for Summary Judgment filed by Cross Defendant New Millennium Pawnbrokers, Inc., Defendant New Millennium Pawnbrokers, Inc., Cross-Claimant Modell Cash Loans, LLC, Defendant Modell Cash Loans, LLC). Signed on 3/5/2009
In Re: Ackerman v. Alesius et al
Date Filed: 03/26/2009
Case number: 8-08-08099-dte 283962_31_opinion.pdf
Memorandum Decision and Order (RE: related document(s)[16] Motion for Summary Judgment filed by Plaintiff Neil H. Ackerman). Plaintiff's Motion for Summary Judgment with respect to the first cause of action seeking a turnover of documents is granted. The Plaintiff's Summary Judgment Motion with respect to the Wantagh Property is denied. Defendant's request for summary judgment on the issue that the transfer of the Wantagh Property is granted. Plaintiff's Motion for Summary Judgment with respect to the Money Transfers and the Vessel is denied. Trial on the remaining causes of action with respect to the Money Transfers and the Vessel and the 11 U.S.C. § 363(h) issues shall be held on June 8, 2009 at 10:00 a.m.. So ordered. Signed on 3/26/2009 (ssw) Modified on 3/26/2009 for clarification.
In Re: Pergament v. Boccia
Date Filed: 03/26/2009
Case number: 8-08-08155-dte 286117_33_opinion.pdf
Memorandum Decision Denying the Debtor's Discharge pursuant to 11 U.S.C. S727(a)(4)(A) and 727(a)(4)(D). (RE: related document(s)[1] Complaint filed by Plaintiff Marc A Pergament). Signed on 3/26/2009
In Re: Malese 18 Corp
Date Filed: 04/16/2009
Case number: 8-02-80586-dte 54282_115_opinion.pdf
Memorandum Decision that the Court finds that the Kmart Settlement is not below the lowest point in the range of reasonableness and was in fact reasonable at the time it was reached and therefore, the objection by Kadish was unreasonable under the circumstances (RE: related document(s)[72] Motion to Authorize/Direct to enforce terms of approved Stipulation filed by Creditor Aztex Associates, LP, Motion to Dismiss Case, Motion to Reopen Chapter 11 Case). Signed on 4/16/2009
In Re: Treuhold Capital Group LLC v. Cohen et al
Date Filed: 06/29/2009
Case number: 8-08-08058-dte 280568_88_opinion.pdf
Memorandum Decision and Order Granting Plaintiff's Motion for Summary Judgment and Denying Defendants Joint Motion for Summary Judgment. (RE: related document(s)[42] Motion for Summary Judgment filed by Plaintiff Treuhold Capital Group LLC, [46] Motion for Summary Judgment filed by Joint Defendants Mitchell J. Cohen et al. Signed on 6/29/2009
In Re: Whitney Lane Holdings, LLC
Date Filed: 07/06/2009
Case number: 8-08-72076-dte 282205_89_opinion.pdf
Memorandum Decision The Court finds that North Country Commons has a $5.5 million as is value. Furthermore, for purposes of determining whether OSJs claim in this bankruptcy estate is oversecured or undersecured, the Courts finds that OSJs claim is oversecured. 46] Order to Schedule Evidentiary Hearing to determine the property's value ). Signed on 7/6/2009
In Re: Rossi v. Moreo et al
Date Filed: 09/10/2009
Case number: 8-07-08256-dte 274011_38_opinion.pdf
Memorandum Decision Mrs. Moreos discharge is denied pursuant to 11 U.S.C.§ 727(a)(3), and Mr. Moreos and Mrs. Moreos discharge is also denied pursuant to 11 U.S.C.§§ 727(a)(4)(A). (RE: related document(s)[1] Complaint filed by Plaintiff Frank J. Rossi). Signed on 9/10/2009
In Re: Pergament v. Yerushalmi et al
Date Filed: 09/14/2009
Case number: 8-09-08003-dte 294704_36_opinion.pdf
Memorandum Decision and Order Denying Debtor's Motion to Dismiss the Complaint (RE: related document(s)[9] Motion to Dismiss Adversary and Granting Trustee's motion to Amended Complaint (related document) [19]Trustee's Motion to Amend Complaint. Signed on 9/14/2009
In Re: Pergament v. Cersosimo
Date Filed: 09/29/2009
Case number: 8-07-08145-dte 267215_29_opinion.pdf
Amended Memorandum Decision Denying the Trustee's requested relief, based on the findings of fact and conclusions of law (RE: related document(s)[1] Complaint filed by Plaintiff Marc A Pergament and [27] Memorandum Decision. Signed on 9/29/2009
In Re: Mark T Lavelle and Sandra S. Lavelle
Date Filed: 11/19/2009
Case number: 8-09-72389-dte 300237_36_opinion.pdf
Memorandum Decision and Order, the BOAs second mortgage claim is not an allowed secured claim pursuant to Section 502 of the Bankruptcy Code, since it has no collateral to support its claim. It is an allowed unsecured claim. Based upon the foregoing, the Debtors cross-motion to void Bank of Americas second mortgage lien pursuant to Section 506(a) and 506(d) against the Property is granted.(RE: related document(s)[16] Cross Motion to Avoid Lien filed by Debtor Mark T Lavelle, Joint Debtor Sandra S. Lavelle). Signed on 11/19/2009