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

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In Re: Shchedrinskaya et al v. Nasonova et al      Date Filed: 05/16/2005
Case number: 1-05-01068-ess     219506_25_opinion.pdf
Memoramdum Decision for External Web Page Denying (RE: related document(s)[5] Motion to Dismiss Adversary Proceeding, filed by Defendant Larisa Nasonova). Signed on 5/16/2005

In Re: Musso, Trustee of the Estate of Vladimir Ostashko v. Ostashko et al      Date Filed: 06/01/2005
Case number: 1-04-01256-ess     199665_42_opinion.pdf
Opinion/Decision Denying in Part Tanya Ostashko's Motion for Summary Judgment. The portion of the Summary Judgment Motion that seeks an order pursuant to the first counterclaim declaring that the Marital Assets are not property of the Debtor's bankruptcy estate by operation of the Decision After Inquest is denied. The parties are directed to settle an order in conformity with this Memorandum Decision(RE: related document(s)[22] Motion for Summary Judgment, , filed by Cross-ClaimantTanya Ostashko, Defendant Tanya Ostashko). Signed on 6/1/2005

In Re: Securities Investor Protection Corporation v. Frances Thomas LLC      Date Filed: 08/22/2005
Case number: 1-03-01031-ess     162184_114_opinion.pdf
Memorandum Decision Denying Caponigro's Motion for Summary Judgment. A seperate order in conformity with this Memorandum Decision shall be entered simutaneously herewith (RE: related document(s)[51] Motion for Summary Judgment filed by Defendant Lisa Caponigro). Signed on 8/22/2005

In Re: US Department of Labor v. Duncan      Date Filed: 09/02/2005
Case number: 1-02-08406-ess     156642_53_opinion.pdf
Memorandum Decision Granting the Motion for Summary Judgment brought by the U.S. Department of Labor(RE: related document(s)[34] Generic Motion, , filed by Plaintiff US Department of Labor, [35] Generic Motion, , filed by Plaintiff US Department of Labor, [36] Generic Motion, filed by Plaintiff US Department of Labor). Signed on 9/2/2005

In Re: Musso, Trustee of the Estate of Vladimir Ostashko v. Ostashko et al      Date Filed: 09/21/2005
Case number: 1-04-01256-ess     199665_71_opinion.pdf
Memorandum Decision Denying Tanya Ostashko's Request for a Stay Pending Appeal(RE: related document(s)[67] Order to Show Cause). Signed on 9/21/2005

In Re: The Korea Chosun Daily Times, Inc      Date Filed: 12/13/2005
Case number: 1-03-25450-ess     185078_183_opinion.pdf
Memorandum Decision Granting in Part the Application for Compensation for Raymond J. Aab, Attorney for the Debtor. An Order in accordance with this Memorandum Decision will be entered simultaneously herewith (related document(s)[148] Application forCompensation filed by Raymond J Aab, Attorney for Debtor). Signed on 12/13/2005

In Re: The Korea Chosun Daily Times, Inc      Date Filed: 12/22/2005
Case number: 1-03-25450-ess     185078_186_opinion.pdf
Memorandum Decision Granting the Motion of Kennedy Funding, Inc. for an Order Directing the Debtor to Pay Superpriority Administrative Expense (RE: related document(s)[163] Motion, filed by Interested Party Kennedy Funding, Inc.). Signed on 12/22/2005

In Re: Kathy Henderson      Date Filed: 01/17/2006
Case number: 1-06-40020-ess     254220_8_opinion.pdf
Memorandum Decision and Order Denying Without Prejudice the Petitioner's Request for a thirty-day Extension to obtain Budget and Credit Counseling and Allowing Petitioner ten days to amend the Request(RE: related document(s)[4] Motion to ExtendTime for Credit Counseling filed by Debtor Kathy Henderson). Signed on 1/17/2006

In Re: Naomi Hull      Date Filed: 02/22/2006
Case number: 1-05-28281-ess     243080_16_opinion.pdf
Memorandum Decision that the Debtor has establihed cause to dimiss her Chapter 7 bankruptcy case. An order in accordance with this Memorandum Decision shall be entered simultaneously herewith. (Related document(s)[12] Motion to Dismiss Case filed byDebtor Naomi Hull). Signed on 2/22/2006

In Re: Charles Edward Seaman      Date Filed: 03/30/2006
Case number: 1-05-40032-ess     253432_15_opinion.pdf
Memorandum Decision and Order Dismissing the Debtor's Chapter 7 Case for failure to comply with 11 U.S.C & 109(h) (RE: related document(s)[7] Motion to Dismiss Case filed by U.S. Trustee - EDNY (Brooklyn)). Signed on 3/30/2006

In Re: Pereira v. Young      Date Filed: 08/01/2006
Case number: 1-04-01476-ess     209257_29_opinion.pdf
Opinion/Decision Denying the Chapter 7 Trustee's Objections to the Debtor's Discharge. Designated by Judge Elizabeth Stong as Written Opinion(RE: related document(s)[1] Complaint filed by Plaintiff John S Pereira). Signed on 8/1/2006

In Re: Allen Kaplun      Date Filed: 08/23/2006
Case number: 1-05-24528-ess     237823_39_opinion.pdf
REDOCKETED FOR THE PURPOSE OF POSTING TO THE WEB PAGE - Memorandum Decision Denying the Debtor's Application to Reopen Case (RE: related document(s)[32] Order to Show Cause, ). Signed on 8/23/2006

In Re: The Motorcycle Excellence Group, Inc. v. BMW of North America, LLC      Date Filed: 09/06/2006
Case number: 1-06-01258-ess     256684_53_opinion.pdf
REDOCKETED FOR THE PURPOSE OF POSTING TO THE WEB PAGE - Memorandum Decision DENYING BMW's Motion for Partial Summary Judgment (RE: related document(s)[17] and GRANTING Debtor's Cross Motion for Partial Summary Judgment (related doc# [36]).The debtor is directed to settle an order in conformity with this Memorandum Decision. Signed on 9/6/2006

In Re: People of the State of New York v. Suarez      Date Filed: 03/23/2007
Case number: 1-05-01303-ess     234271_31_opinion.pdf
Memorandum Decision awarding Judgment in favor of the Plaintiffs. The Plaintiffs are directed to submit an order and judgment in conformity with this Memorandum Decision (related document [1] Complaint). Signed on 3/23/2007

In Re: Paul Anthony Waugh      Date Filed: 04/10/2007
Case number: 1-05-18105-ess     228416_42_opinion.pdf
Opinion/Decision Denying Motion to Reopen Case. The Debtor's Motion for an order reopening this case and vacating the Dismissal Order entered on March 17, 2006, is denied. Designated by Judge as Written Opinion. (RE: related document(s)[38] Motion to Reopen Chapter 13 Case, , Motion to Vacate, filed by Debtor Paul Anthony Waugh). Signed on 4/10/2007

In Re: Yash Raj Films USA Inc v. Akhtar      Date Filed: 05/17/2007
Case number: 1-04-01524-ess     212488_28_opinion.pdf
Opinion/Decision Granting Order on Motion For Summary Judgment the Court concludes that there is no genuine issue of material fact that the contempt damages in the amount of $330,000, plus attorneys fees and costs, awarded against the Debtor by the District Court in the Contempt Order are nondischargeable under Section 523(a)(60), and that Yash Raj is entitled to a judgment as a matter of law. (Related Doc# 27) Signed on 5/17/2007

In Re: Rafael Ventura      Date Filed: 09/18/2007
Case number: 1-07-40096-ess     263984_28_opinion.pdf
Memorandum Decision Granting the US Trustee's Motion to Dismiss in part and denied in part and the Debtor's case is Dismissed pursuant to 11 USC Section 707(a) without prejudice to the Debtor's right to file a future bankruptcy case. As the grounds for dismissal stated in the Chapter 7 Trustee Motion to Dismiss are encompassed by the UST Motion to Dismiss, the Chapter 7 Trustee Motion to Dismiss is marked off the Court's calendar. An order in accordance with this Memorandum Decision shall be entered simultaneously herewith.(RE: related document(s)[12] Motion to Dismiss Chapter 7 Case for Abuse under 11 U.S.C. 707, ). Signed on 9/18/2007

In Re: Silverman v. K.E.R.U. Realty Corp. et al      Date Filed: 11/02/2007
Case number: 8-05-08538-ess     224237_35_opinion.pdf
Opinion/Decision Granting in Part and Denying in Part to the extent that (i) the claims under Section 550(a)(1) and 550(a)(2) against the Individual Defendants Chaim Dushinsky and Isaac Rabinowitz are dismissed; (ii) the commond law fraud claims against the Movants Kent Rush Realty, K-R Residence, DJR Construction, R&D Development, Chaim Dushinsky, and Isaac Rabinowitz are Dismissed; (iii) the conspiracy to commit fraudulent conveyance claims against the individual Defendants Chaim Dushinsky and Isaac Rabinowitz are dismissed; and (iv) the constructive trust claims against the Movants Kent Rush Realty, K-R Residence, DJR Construction, R&D Development, Chaim Dushinsky, and Isaac Rabinowitz are dismissed. The Trustee may seek leave to replead those claims within sixty days of the date of this order, and if leave is sought, the Trustee is directed to file the proposed amended complaint with this motion. In all other respects, the Motion to Dismiss is Denied. (related document(s)[26] Motion to Dismiss/Withdraw Amended Complaint). Signed on 11/2/2007

In Re: Green Point Mortgage Corporation et al v. Jacobs et al      Date Filed: 11/21/2007
Case number: 8-05-08555-ess     224982_58_opinion.pdf
Opinion/Decision Denying the Defendants' Motion to Dismiss the Fourth Amended Complaint designated by Judge as Written Opinion.(RE: related document(s)[49] Motion to Dismiss Adversary Proceeding, filed by Defendant Jacob Jacobs, Defendant Victor Jacobs). Signed on 11/21/2007

In Re: Mckenzie-Gilyard v. HSBC BANK NEVADA, N.A.      Date Filed: 12/11/2007
Case number: 1-06-01343-ess     258420_35_opinion.pdf
Memorandum Decision and Order Denying HSBC Bank Nevada, N.A.'s Motion for Summary Judgment (related document(s)[8]). Signed on 12/11/2007

In Re: Silverman v. H.I.L. Associates Ltd. et al      Date Filed: 03/31/2008
Case number: 8-05-08109-ess     220184_62_opinion.pdf
Memorandum Decision on Motions to Dismiss Amended Complaint(RE: related document(s)[38] Motion to Dismiss Adversary Proceeding filed by Defendant H.I.L. Associates, Ltd., Tereza Merchandizing Corporation, Morgren Construction Corp., and Israel Greenfield, [36] Motion to Dismiss Adversary Proceeding, filed by Defendant Estate of Morris Greenfield [39] Motion to Dismiss Adversary Proceeding filed by Defendant Herbert Greenfield). The Motions to Dismiss the Amended Complaint are granted in part to the extent the Trustee's Third Claim for Relief against all of the defendants is dismissed. The Trustee may seek to replead those claims within sixty days of the date of entry of an order, and if leave is sought, the Trustee is directed to file the proposed amended complaint with his motion. In all other respects, the Motions to dismiss are denied. The Trustee is directed to submit a proposed order in accordance with this Memorandum Decision. Signed 3/31/2008

In Re: 37-02 Plaza LLC      Date Filed: 05/09/2008
Case number: 1-07-40313-ess     264417_113_opinion.pdf
Memorandum Decision Denying Debtor's Motion to Expunge Claim Number 17. An Order in accordance with this Memorandum Decision will be entered simultaneously herewith. (RE: related document(s)[73] Motion to Expunge Claims, filed by Debtor 37-02 Plaza LLC). Signed on 5/9/2008

In Re: Ivonne Winer      Date Filed: 05/13/2008
Case number: 1-08-40476-ess     278390_34_opinion.pdf
Memorandum Opinion/Decision Granting the Landlord's Stay Relief Motion. Separate Order in accordance with this Memorandum will be entered simultaneously herewith. Designated by Judge as Written Opinion. (RE: related document(s)[11] Motion to Confirm Termination or Absence of Stay, , Motion for Relief From Stay, filed by Creditor Lina Portela). Signed on 5/13/2008

In Re: Sion Leslie Mitrany      Date Filed: 05/16/2008
Case number: 1-08-40034-ess     277505_40_opinion.pdf
Opinion/Decision Granting Motion For Relief From Stay based on entire record, after consideration of the submissions and the arguments of counsel and the parties, and for the reasons set forth herein, the Stay Relief Motion is granted. An order in accordance with this Memorandum Decision will be entered simultaneously. Designated by Judge as Written Opinion. (RE: related document(s)[18] Motion for Relief From Stay, filed by Creditor Aydenmaya Realty LLC). Signed on 5/16/2008

In Re: Silverman v. Sound Around, Inc.      Date Filed: 07/25/2008
Case number: 8-05-08219-ess     221433_43_opinion.pdf
Opinion/Decision Denying Defendants Motion for default Judgment Dismissing Action based on the entire record after consideration of the submissions and the argument of counsel, and for the reason set forth herein, The Amended Motion to Dismiss is denied. An order in accordance with this Memorandum Decision will be entered simultaneously herewith designated by Judge as Written Opinion. (related document(s)[28], Motion to Dismiss Adversary [30] Amended Motion, filed by Defendant Sound Around, Inc.). Signed on 7/25/2008

In Re: Mendelsohn v. Jacobowitz et al      Date Filed: 08/26/2008
Case number: 8-05-08813-ess     237920_32_opinion.pdf
Memorandum Decision. Trustee's Motion for Summary Judgment Against Eva Jacobowitz on the First, Third, Sixth, Eighth, and Ninth Claims for Relief is Granted. In all Other Respects, the Motion for Summary Judgment is Denied. An Order in Accordance With This Memorandum Decision Will be Entered Simultaneously Herewith (RE: related document(s)[21] Motion to Strike, filed by Plaintiff Allan B Mendelsohn). Signed on 8/26/2008

In Re: Silverman et al v. KPMG LLP et al      Date Filed: 09/29/2008
Case number: 8-04-08384-ess      201569_147_opinion.pdf
Memorandum Decision on Motion to Dismiss the Third Amended Complaint - For reasons stated, and based on the entire record, the Motion(s) to Dismiss are denied. An order in accordance with this Memorandum Decision will be entered simultaneously herewith. (RE: related document(s)[109] Motion to Dismiss Adversary Proceeding filed by Defendant Mayer Rispler & Company, P.C., [117] Motion to Dismiss Adversary Proceeding filed by Defendant KPMG LLP, [120] Motion to Dismiss Adversary Proceeding filed by Defendant Arthur Andersen LLP). Signed on 9/29/2008

In Re: O'Connell et al v. Hilsen et al      Date Filed: 03/17/2009
Case number: 1-06-01249-ess      256517_164_opinion.pdf
Decision Memorandum based on the entire record, and for the reasons set forth on the record and stated herein, the Trustee's motion to approve the Third Amended and Restated Settlement Agreement is granted. An order in conformity with this Memorandum Decision will be entered simultaneously herewith. (RE: related document(s)[85] Motion to Compromise Controversy filed by Plaintiff Richard E O'Connell). Signed on 3/17/2009

In Re: Jesse Morton Hilsen      Date Filed: 03/17/2009
Case number: 1-05-30850-ess      246546_90_opinion.pdf
Memorandum Decision on Objections to Certain Exemptions Claimed by the Debtor. The Objections to Certain exemptions claimed by the Debtor in benefits from the Chuck Rockwell Trust are sustained in part, to the extent that the Debtor's exemption in future income benefits under the Chuck Rockwell Trust does not apply to ten percent of such income benefits that he receives. The Objections are overruled in all other respects. An order accordance with this Memorandum Decision will be entered simultaneously herewith (RE: related document(s)[67] Motion to Object to Debtor's Claim of Exemptions filed by Trustee Richard E. O'Connell, [69] Motion to Object to Debtor's Claim of Exemptions filed by Interested Party Chuck Rockwell, Ltd., Interested Party Doug Landon, Ltd., Interested Party Joan Margolis, [84] Notice of Settlement of Proposed Order filed by Trustee Richard E. O'Connell). Signed on 3/17/2009

In Re: O'Connell et al v. Hilsen et al      Date Filed: 04/01/2009
Case number: 1-06-01249-ess      256517_169_opinion.pdf
Errata to Memorandum Decision Approving Third Amended and Restated Settlement Agreement (RE: [164] Opinion/Decision for External Web Page). Signed on 4/1/2009

In Re: Silverman v. Sound Around, Inc.      Date Filed: 04/23/2009
Case number: 8-05-08219-ess      221433_45_opinion.pdf
Memorandum Decision After Trial on Trustee's Claims for Avoidance and Recovery of a Fraudulent Transfer. For the reasons stated herein, the Court finds and concludes that the Trustee has not established that the Sound Around Transfer was not made for fair consideration. Accordingly, judgment is awarded in favor of Sound Around, and the Amended Complaint is dismissed with prejudice. An order and judgment in accordance with this Memorandum Decision will be entered simultaneously herewith (RE: related document(s)[14] Amended Complaint filed by Plaintiff Kenneth P. Silverman). Signed on 4/23/2009

In Re: Taub v. Taub et al      Date Filed: 08/14/2009
Case number: 1-09-01027-ess      296408_20_opinion.pdf
Memorandum Decision on Motion to Abstain (RE: related document(s)[10] Motion to Authorize/Direct Abstension of Adversary Proceeding and Direct Divorce Action to Proceed, filed by Defendant Simon Taub). The Court concludes that it will abstain from deciding the claims in this Adversary Proceeding under the mandatory abstention of 28 U.S.C. Section 1334(c)(2). In addition, even if abstention is not required, the Court will exercise its discretion to abstain from deciding those claims under the permissive abstention doctrine of 28 U.S.C. Section 1334(c)(1). An order in conformity with this Memorandum Decision shall be entered simultaneously herewith. Signed on 8/14/2009

In Re: Chana Taub      Date Filed: 08/14/2009
Case number: 1-08-44210-ess      285424_316_opinion.pdf
Memorandum Decision on Motion for Relief from Stay. (RE: related document(s)[260] Motion for Relief From Stay filed by Creditor Simon Taub) . The Lift Stay is granted to the extent that Mr Taub may proceed in the Second Divorce Action to Conclusion and the entry of judgment, with enforcement to take place in this court. This court shall retain jurisdiction to enforce any judgments within the context of this bankruptcy case. An Order with this Memorandum Decision shall be entered simultaneously herewith. Signed on 8/14/2009

In Re: Taub v. Taub      Date Filed: 08/14/2009
Case number: 1-08-01170-ess      286674_39_opinion.pdf
Memorandum Decision (RE: related document(s)[30] Motion to Authorize/Direct Abstention of Adversary Proceeding and Direct Divorce Action to Proceed, with AOS. The Court Concludes that it will not abstain from deciding the claims in this Adversary Proceeding under the mandatory abstention doctrine of 28 U.S.C. section 1334(c)(1). An Order in conformity with this Memorandum Decision shall be entered simultaneously . Signed on 8/14/2009

In Re: First Services Group, Inc. v. O'Connell et al      Date Filed: 09/01/2009
Case number: 1-08-01277-ess      292012_36_opinion.pdf
Memorandum Decision on Plaintiff's [10] Motion for Summary Judgment and Defendant's [17] Cross Motion for Summary Judgment. For the reasons stated herein FSG Summary Judgment Motion is granted in part to the extent that FSG may recover its secured claim and interest, penalties, and attorneys fees from the Funds. The Trustee's Cross-Motion is granted in part to the extent that he may recover $1,700.00 from the Funds, representing the amount of his expenses that were necessary, reasonable and directly benefit FSG. An Order and Judgment in accordance with this Memorandum Decision shall be entered simultaneously herewith. Signed on 9/1/2009

In Re: Jacques v. U.S. Bank N.A, as trustee for MASTR Asset Backed S      Date Filed: 09/04/2009
Case number: 1-09-01018-ess      295606_9_opinion.pdf
Memorandum Decision to dismiss Defendant's Complaint(related document(s)[3]). Signed on 9/4/2009

In Re: Taub v. Hershkowitz et al      Date Filed: 09/21/2009
Case number: 1-09-01277-ess      304045_32_opinion.pdf
Memorandum Decision on Motion to Abstain (related document(s)[5] Motion for Abstention filed by Defendant Zvi Dressler, Defendant Chaim Fuchs). An order in conformity with this Memorandum Decision shall be entered simultaneously herewith. Signed on 9/21/2009