All Written Opinions (published and non-published since April 2005)
Show recent opinions firstIn Re: Michael Lemma and Luba Lemma
Date Filed: 09/09/2008
Case number: 8-08-72443-reg 283047_26_opinion.pdf
Memorandum Opinion. An Order in accordance with this Memorandum Opinion was entered on August 25, 2008. (RE: related document(s)[24] Order on Motion For Violation of Automatic Stay). Signed on 9/9/2008
In Re: Michael Lemma and Luba Lemma
Date Filed: 09/29/2008
Case number: 8-08-72443-reg 283047_29_opinion.pdf
Memorandum Opinion. For the reasons set forth in the Memorandum Opinion the Motion is denied. The Court shall enter an Order in accordance with this Memorandum Opinion. (RE: related document(s)[25] Motion for Relief from Co-Debtor Stay filed by Creditor Washington Mutual Bank F.A.). Signed on 9/29/2008
In Re: R.A. Hendrickson Real Estate, Inc. v. Weisman, d/b/a Micro Leasing et al
Date Filed: 10/22/2008
Case number: 8-08-08034-reg 279554_43_opinion.pdf
Memorandum Decision Denying Summary Judgment as to Debtors first, second, third, and sixth cause of action; In regard to Weismans cross motion for summary judgment, the Court determines that Weisman is not entitled to judgment that it is the owner ofthe 216 Sea Cliff Property or that it is entitled to the rent accrued on 216 Sea Cliff Property. (RE: related document(s)[23] Motion for Summary Judgment filed by Counter-Defendant R.A. Hendrickson Real Estate, Inc., Plaintiff R.A. Hendrickson RealEstate, Inc.). Signed on 10/22/2008
In Re: Rafael Almonte
Date Filed: 12/08/2008
Case number: 8-08-74084-reg 286753_20_opinion.pdf
Memorandum Decision the Chapter 13 Trustee's objection to plan confirmation based on the Debtor's failure to include income from credit card cash advances in his projected disposable income to be committed to repayment of unsecured creditors is overruled. The Court will consider the remainder of the Trustee's objections to confirmation at the adjourned confirmation hearing scheduled for December 18, 2008 at 9:30 a.m. An Order consistent with this Memorandum Decision will issue forthwith. (RE: related document(s)[10] Chapter 13 Plan filed by Debtor Rafael Almonte, [14] Objection to Confirmation of the Plan filed by Trustee Michael J. Macco). Signed on 12/8/2008
In Re: Hafizur Rahman
Date Filed: 01/22/2009
Case number: 8-08-73335-reg 285064_40_opinion.pdf
Memorandum Decision that the Trustee's objection to plan confirmation based on the Debtor's expense deduction for secured payments on surrendered collateral is sustained. The remainder of the Trustee's objection will be heard at the adjourned confirmation hearing schedules for 1/29/2009 at 9:30 a.m.(RE: related document(s)[37] Objection filed by Trustee Michael J. Macco). Signed on 1/22/2009
In Re: FMO Associates II, LLC
Date Filed: 02/13/2009
Case number: 8-08-76102-reg 291497_32_opinion.pdf
Memorandum Decision Granting Debtor's Motion to Convert Case to Chapter 11. An Order consistent with this Memorandum Decision shall be issued forthwith. (RE: related document(s)[17] Motion to Convert Case From Chapter 7 to 11 filed by Debtor FMO Associates II, LLC). Signed on 2/13/2009
In Re: Kirschenbaum v. Nassau County District Attorney et al
Date Filed: 03/02/2009
Case number: 8-08-08192-reg 288119_16_opinion.pdf
Memorandum Decision Denies the Motion for Summary Judgment filed by Defendant. The trustee is entitled to judgment in his favor in this adversary proceeding, and the Defendants are directed to turn over the property to the trustee. A separate order memorializing these findings shall be entered forthwith. (RE:related document(s)[1]Complaint filed by Plaintiff Kenneth Kirschenbaum,[9]Motion to Dismiss Adversary Proceeding/Treated as Motion for Summary Judgment as stated on Courts Record filed by Defendant County Of Nassau, Defendant Nassau County District Attorney). Signed on 3/2/2009 (jeb) Additional attachment(s) added on 3/3/2009
In Re: Ranco Sand & Stone Corp. v. Pisculli, Jr.
Date Filed: 03/04/2009
Case number: 8-06-08337-reg 259472_25_opinion.pdf
Memorandum Decision. The Court finds that the Proceeds that were transferred were property of the Debtor's estate and that Debtor transferred these Proceeds with the intent to hinder, delay or defraud the Plaintiffs. Accordingly, Debtor's discharge is denied. Judgment consistent with this memorandum decision will be entered. (RE: related document(s)[1] Complaint filed by Plaintiff Ranco Sand & Stone Corp.). Signed on 3/4/09
In Re: T.S. Haulers, inc. v. Pisculli, Jr.
Date Filed: 03/04/2009
Case number: 8-06-08335-reg 259469_22_opinion.pdf
Memorandum Decision. The Court finds that the Proceeds that were transferred were property of the Debtor's estate and that Debtor transferred these Proceeds with the intent to hinder, delay or defraud the Plaintiffs. Accordingly, Debtor's discharge is denied. Judgment consistent with this memorandum decision will be entered. (RE: related document(s)[1] Complaint filed by Plaintiff T.S. Haulers, Inc.). Signed on 3/4/2009
In Re: Jill Susan Mendelson
Date Filed: 03/12/2009
Case number: 8-08-75371-reg 289759_21_opinion.pdf
Memorandum Decision that the Court sustains the Trustee's objection to confirmation in part and finds that the Debtor should not be permitted to take a secured debt expense deduction for the Equinox, and overrules the Trustee's objection to confirmation in part and finds that the Debtor need not include withdrawals from her retirement account within "current monthly income". An Order consistent with this Memorandum Decision will issue forthwith. (RE: related document(s)[10] Amended Chapter 13 Plan filed by Debtor Jill Susan Mendelson [17] Statement filed by Debtor Jill Susan Mendelson[18] Exhibit filed by Debtor Jill Susan Mendelson [19] Statement filed by Trustee Michael J. Macco [20] Reply filed by Debtor Jill Susan Mendelson). Signed on 3/12/2009
In Re: Thaler v. Gamaldi
Date Filed: 04/07/2009
Case number: 8-07-08322-reg 275071_30_opinion.pdf
Memorandum Decision denies the Trustees motion for summary judgment in the First Adversary Proceeding and the Second Adversary Proceeding except for the finding that Rita Gamaldi is an insider of Susanna Gamaldi for the purposes of both adversary proceedings. The Court denies Rita Gamaldis and George Gamaldi Sr.s motion for summary judgment in the First Adversary Proceeding but finds as a matter of law that Susanna Gamaldis interest in the Property was not encumbered by the Second Mortgage at any time up to the sale of the Property. The Court denies Rita Gamaldis and George Gamaldi Srs motion for summary judgment in the Second Adversary Proceeding in its entirety, and finds that a genuine issue of material fact exists as to whether George Gamaldi received fair consideration for the $45,000.00 transferred by Susanna Gamaldi to Rita Gamaldi pursuant to the Stipulation.The Court shall hold a trial on all of the remaining issues in the First Adversary Proceeding and the Second Adversary Proceeding on June 2, 2009 at 10:00 a.m. The Court shall enter an order consistent with this Memorandum Decision forthwith. (RE: related document(s)[27] Motion for Summary Judgment filed by Plaintiff Andrew M. Thaler). Signed on 4/7/2009
In Re: Thaler v. Gamaldi, Sr. et al
Date Filed: 04/07/2009
Case number: 8-08-08104-reg 284363_23_opinion.pdf
Memorandum Decision Denying the trustees motion for summary of judgment in the First Adversary Proceeding and the Second Adversary Proceeding except for thefinding that Rita Gamaldi is an insider of Susanna Gamaldi for the purposes of both adversary proceedings. The Court denies Rita Gamaldis and George Gamaldi Sr.s motion for summary judgment in the First Adversary Proceeding but finds as a matter of law that Susanna Gamaldis interest in the Property was not encumbered by the Second Mortgage at any time up to the sale of the Property. The Court denies Rita Gamaldis and George Gamaldi Srs motion for summary judgment in the Second Adversary Proceeding in its entirety, and finds that a genuine issue of material fact exists as to whether George Gamaldi received fair consideration for the $45,000.00 transferred by Susanna Gamaldi to Rita Gamaldi pursuant to the Stipulation. The Court shall hold a trial on all of the remaining issues in the First Adversary Proceeding and the Second Adversary Proceeding on June 2, 2009 at 10:00 a.m. The Court shall enter an order consistent with this Memorandum Decision forthwith. (RE: related document(s)[13] Motion for Summary Judgment filed by Defendant Rita C. Gamaldi, Defendant George Gamaldi, Sr., [14] Motion for Summary Judgment filed by Plaintiff Andrew M. Thaler, [19] Motion for Summary Judgment filed by Plaintiff Andrew M. Thaler). Signed on 4/7/2009
In Re: Adams v. Giordano et al
Date Filed: 05/31/2009
Case number: 8-08-08133-reg 285452_23_opinion.pdf
Opinion/Decision. The Court concludes that Wynns was a bankruptcy petition preparer, that he failed to provide required disclosures and that he engaged in the unauthorized practice of law. Wynns failed to comply with subsections(b)(2)(a) and (e)(2)(A), the Court believes he should be fined $500.00 in the Clarke case and $250.00 in the Najdek's case. In addition, Wynns violated section 110 of the Bankruptcy Code and therefore, the Court orders Wynns to pay to Clarke and Najdek $2,000 each. Wynns shall also pay attorney fees to US Trustee in the amount of $1,000 plus an additional amount of $1,000 pursuant to section 110(i)(2) as a result of the US Trustee having to move for damages on behalf of the debtor. The Court denies any additional attorney fees based on section 110(j)(4) for bringing an appropriate successful action for an injunction. The Court having granted relief for fees and actual damages under the prior causes of action does not believe that additional relief should be granted on the US Trustee's twelfth cause of action pursuant to section 528. A Judgment consistent with this opinion shall be entered forthwith. (RE: related document(s)[1] Complaint filed by Plaintiff Diana G Adams). Signed on 5/31/2009.
In Re: Adams v. Giordano et al
Date Filed: 06/15/2009
Case number: 8-08-08133-reg 285452_25_opinion.pdf
Amended Memorandum Decision to correct the numbering of the footnotes. RE: related document(s)[23] Opinion/Decision for External Web Page). Signed on 6/15/2009
In Re: Nancy C. Armstrong
Date Filed: 07/13/2009
Case number: 8-09-70716-reg 296372_24_opinion.pdf
Memorandum Decision finds that the Debtor does not have an absolute right to dismiss her chapter 13 case in light of the allegations of her bad faith conduct during the pending of this case. Nor does this Court yet have before it a properly noticed motion to covert to Chapter 7. This Memorandum Decision makes no ruling as to what standard of bad faith should be applied. The Court will sua sponte issue an Order to Show Cause why this case should not be converted to chapter 7 based upon the allegations of bad faith which have be placed on the record. The Hearing on the Order to Show Cause will be an evidentiary hearing. (RE: related document(s)[15] Motion to Dismiss Case filed by Debtor Nancy C. Armstrong). Signed on 7/13/2009
In Re: Nancy C. Armstrong
Date Filed: 07/20/2009
Case number: 8-09-70716-reg 296372_28_opinion.pdf
Amended Memorandum Decision this Amended Memorandum Decision amends the Courts Memorandum Decision issued on July 13, 2009 to correct typographical errors on pages 2, 9 and 10. Nothing in this Amended Memorandum Decision changes the Courts prior substantive rulings.(RE: related document(s)[24] Memorandum Decision for External Web Page). Signed on 7/20/2009
In Re: Kirschenbaum v. Nassau County District Attorney et al
Date Filed: 07/23/2009
Case number: 8-08-08192-reg 288119_34_opinion.pdf
Memorandum Decision stating that for the reasons given in said Decision the Motion to Reconsider the Court's Memorandum Decision and Order dated March 2, 2009 is Denied except to correct that the forfeiture action against the Debtor was an action based on post-conviction forfeiture crimes, not pre-conviction forfeiture crimes. (RE: related document(s)[18] Motion to Reconsider filed by Defendant County Of Nassau). Signed on 7/23/2009
In Re: Nancy C. Armstrong
Date Filed: 08/06/2009
Case number: 8-09-70716-reg 296372_37_opinion.pdf
Memorandum Decision for the foregoing reasons, the Debtors motion to voluntarily dismiss this case under section 1307(b) is granted.(RE: related document(s)[15] Motion to Dismiss Case filed by Debtor Nancy C. Armstrong). Signed on 8/6/2009