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Summary: 32 B.R. 885 (1983) In the Matter of Sharon Arlene REINSTEIN and Howard Stephen Reinstein, Debtors. The PEOPLE OF the STATE OF NEW YORK, Plaintiff, v. Sharon Arlene REINSTEIN and Howard Stephen Reinstein, Debtors-Defendants. Sharon Arlene Reinstein and Howard Stephen Reinstein, pro se. This is an action by the State of New York (the "plaintiff") against Howard and Sharon Reinstein (the "debtors" or "the defendants") to have a debt allegedly owed the State declared non-dischargeable pursuant to se......read more.


Summary: 379 B.R. 5 (2007) In re ALLOU DISTRIBUTORS, INC., al., Debtors. Kenneth P. Silverman, as Chapter 7 Trustee of Allou Distributors, Inc., et al., Plaintiff, v. K.E.R.U. Realty Corp., 2165-K-R Realty Corp., Kent-Rush Realty Corp., K-R Residence Corp., D.J.R. Construction LLC, R & D Development, LLC, Chaim Dushinsky, Isaac Rabinowitz, Aaron Jacobs a/k/a Ari Jacobowitz, Bedford Wall Realty Corp., 724 Bedford LLC, Tereza LLC, "John Does 1-50," "Mary Does 1-50," "ABC Partnerships 1-50" and/or "XYZ Corp......read more.


Summary: 197 B.R. 23 (1996) In re Michael F. ERDHEIM, Debtor. Andrew M. THALER, Trustee, Estate of Michael F. Erdheim, Plaintiff, v. Michael F. ERDHEIM, Defendant. This matter is before the Court pursuant to an adversary proceeding filed by Andrew Thaler, Esq., the Chapter 7 Trustee (the "Trustee" or the "Plaintiff") against Michael Erdheim (the "Debtor" or the "Defendant"), seeking to bar the Debtor's discharge under, inter alia, 11 U.S.C. sections 727(a)(4)(D), (a)(3) and (a)(5). The Trustee has cross-......read more.


Summary: 212 B.R. 451 (1997) In re 85-02 QUEENS BOULEVARD ASSOCIATES, Debtor. 85-2 QUEENS BOULEVARD ASSOCIATES, Plaintiff, v. Alan K.Y. KONG, Liza Lai Guan Kong, So Wai Cheung and Chu Chung Wong Cheung, Defendants. This adversary proceeding was filed by 85-02 Queens Boulevard Associates ("Debtor") against four judgment creditors, Alan K.Y. Kong, Liza Lai Guan Kong, So Wai Cheung and Chu Chung Wong Cheung (the "Kongs"). The Debtor is a limited partnership which owns twelve (12) parcels of real property on......read more.


Summary: 150 B.R. 305 (1993) In re INTERSTATE CIGAR COMPANY, Debtor. STATUTORY BACKGROUND Prior to the filing of the Petition, on March 28, 1968, Interstate Cigar Co., Inc. (the "Debtor") adopted the ICC Employees Group Pension Plan (the "Plan"), which was amended in its entirety and restated effective March 28, 1984. At that time, the Debtor was aware that the PBGC could have a claim against the Debtor for unfunded liabilities unless Sidney Spielfogel waived all or part of his Plan benefits. In addition......read more.


Summary: 14 B.R. 428 (1981) In re PLAZA MISSION BOTTLING CO., INC., Bankrupt. Predicated on the testimony adduced at the hearing held on March 30, 1981, and the statement of facts submitted by the parties, the Court finds the facts as follows: (1) Prior to 1976, Plaza Beverage Company (hereafter "PBC") was in the business of bottling and canning soft drinks. The result of said reorganization was the formation of two independent corporate entities, to wit, Plaza Mission Bottling Co., Inc. (hereafter "bank......read more.


Summary: 36 B.R. 667 (1984) In re John D. TERRITO, Debtor. I This proceeding concerns the third of four causes of action appearing in a complaint served by the plaintiff, Ford Motor Credit Company ("Ford"), against the debtor, John D. Territo, on October 8, 1982. In this cause of action Ford alleges that money received by the debtor from the settlement of a state court negligence action may not, as the debtor claims, be retained by the debtor as exempt property pursuant to 11 U.S.C. Section 522(d)(11)(D)......read more.


Summary: 416 B.R. 84 (2009) In re GII INDUSTRIES, INC., f/k/a Grace Industries, Inc., et al., Debtor. GII Industries, Inc., f/k/a Grace Industries, Inc., Plaintiff, v. New York State Department of Transportation, Defendant. This matter presents the following issue: does an alleged letter agreement between Grace Industries, Inc. ("Grace") and the New York State Department of Transportation (the "DOT"), wherein Grace agreed to limit the amount of compensation sought from the DOT in connection with the reco......read more.


Summary: 24 B.R. 691 (1982) In re Joseph G. HANNAN, a/k/a Joe Hannan, Debtor. Joseph G. HANNAN, Plaintiff, v. Kenneth KIRSCHENBAUM, as Trustee of the Estate of Joseph G. Hannan, Defendant.


Summary: 24 B.R. 811 (1982) In re DOCK OF THE BAY, INC., trading as Captain's Quarters, f/k/a the Clipper, Inc., a/k/a Clipper Foods, Inc., trading as Arthur Treacher's Fish & Chips, now trading as Pluto's, Debtor. OPINION CECELIA H. GOETZ, Bankruptcy Judge: On September 30, 1982, the above-named debtor filed a petition in this District for relief under Chapter 11 of the 1978 Bankruptcy Reform Act, 11 U.S.C. § 1101, et seq. (Supp. The debtor, Dock of the Bay, Inc., opposes the requested transfer, claimin......read more.


Summary: 53 B.R. 842 (1985) In re F & S CENTRAL MANUFACTURING CORP., Debtor. Marianne DeROSA, Trustee of the Estate of F & S Manufacturing Corp., Plaintiff, v. BUILDEX INCORPORATED and Instrument Systems Corp., Defendants. On December 10, 1984, the trustee commenced an action to avoid an alleged preferential transfer made by F & S Central Manufacturing Corp. (the "debtor") to Buildex Incorporated (the defendant). Although the Stock Purchase Agreement expressly provided that the debtor was to transfer the......read more.


Summary: 214 B.R. 444 (1997) In re Jacqueline D. and Rocco P. BRUZZESE, Debtors. On July 31, 1997, this Court issued an order to show cause, sua sponte, directing the debtor, Mrs. Bruzzese, and her counsel to appear at a hearing scheduled for August 8, 1997 (Exhibit A). This was one in a series of parallel orders issued at the same time in 30 cases ("thirty cases") following an in-chambers review of all 82 reaffirmation agreements to which Sears, Roebuck & Co. (Sears) was a party and which were filed wit......read more.


Summary: 230 B.R. 484 (1999) In the Matter of Joan SPIVEY, Debtor. On September 2, 1998, Sears filed with this Court a document captioned "Redemption Agreement", and dated August 31, 1998 (the "Agreement"), which purported to document Debtor's voluntary undertaking to redeem, pursuant to section 722 of the Code, a television/VCR from Sears' lien in return for the payment of $153.89. At the section 341 meeting, the Sears representative informs the debtor of Sears' position as to the replacement value of t......read more.


Summary: 451 B.R. 248 (2011) In re SOUTH SIDE HOUSE, LLC, Debtor. *254 Leo Fox, Esq., Stephanie Park, Esq., New York, NY, for South Side House, LLC. South Side House, LLC, the Debtor in this Chapter 11 bankruptcy case, seeks the entry of an order modifying the claim of its principal creditor, U.S. Bank National Association, as successor-in-interest to Bank of America, N.A., as Trustee for the registered holders of J.P. Morgan Chase Commercial Mortgage Securities Trust 2007-LDP11 Commercial Mortgage Pass-......read more.


Summary: 225 B.R. 290 (1998) In re Gordon MORGAN, Debtor. 22, § 691.4(j) (1998)) This decision questions and addresses the propriety of proceedings commenced by mortgage servicing agents that have no pecuniary interest in either the outcome of the proceeding or in the underlying mortgage. BACKGROUND In the Morgan case, a notice of appearance was filed by the law offices of "Firm A" as attorneys for Litton Loan Servicing, Inc. ("Litton") on May 27, 1997. This was followed, on July 28, 1997, by their filin......read more.


Summary: 45 B.R. 668 (1985) In re HBG SERVICENTER, INC., Debtors. OPINION CECELIA H. GOETZ, Bankruptcy Judge: The defendant herein, Robert Abrams, Attorney General of the State of New York, is moving to dismiss this adversary proceeding which seeks to enjoin him from *669 continuing to prosecute the individual debtors, Robert and Geraldine Walsh, for sales tax violations. The debtors' complaint alleges that the relief requested in this adversary proceeding is needed to prevent the debtors' gas station bu......read more.


Summary: 22 B.R. 259 (1982) In re Franklin D. DARWIN, Debtor. FACTS The debtor, Franklin D. Darwin, filed a Chapter 13 petition pursuant to § 1301 et seq. of the Bankruptcy Code on January 21, 1982. The matter was brought before this court on June 2, 1982 wherein, after hearing oral argument and giving due consideration, this court ruled in favor of Bucknell but stayed the effect of such decision for 30 days, upon the payment by the debtor of one month's rent, to afford the debtor and his family an oppor......read more.


Summary: 36 B.R. 819 (1984) In re Ronald SPINELLI, d/b/a Tri-County Contracting, Debtor. William S. BROWN, as Trustee in Bankruptcy of Ronald Spinelli, d/b/a Tri-County Contracting, Plaintiff, v. Joseph ATTERITANO, Defendant. On July 5, 1983, debtor, Ronald Spinelli, d/b/a Tri-County Contracting, filed a petition under Chapter 7 of the Bankruptcy Reform Act of 1978 ("Code").


Summary: 318 B.R. 753 (2004) In re NEW TIMES SECURITIES SERVICES, INC., and New Age Financial Services, Inc., Debtors. Before the Court is a Joint Motion (the "Motion") by James W. Giddens, as Trustee of the above-captioned Debtors, and the Securities Investor Protection Corporation, to uphold the Trustee's determinations to deny certain claims of Mary Ann Stafford (Claim No. 331) and Rheba and Joel Weine (Claim No. 443) treatment as customer net equity claims under 15 U.S.C. §§ 78fff-2 and 78fff-3(a). U......read more.


Summary: 58 B.R. 372 (1986) In re Patrick GORMAN and Nora T. Gorman, Debtors. e. To secure the said indebtedness to Continental Bank, and as a consideration for obtaining the same, the debtor, Nora T. Gorman, had theretofore granted to Continental Bank a valid real property mortgage covering premises on Portion Road in Lake Ronkonkoma, Suffolk County, New York, as to which property the said Nora T. Gorman owned a one-half interest as a tenant-in-common.