2008 Judge Winfield - Opinions

Judge Novalyn L. Winfield -- Opinions signed in 2008

In re 1945 Route 23 Associates, Inc., No. 06-17474, 2008 WL 2386296 (Bankr. D.N.J. June 09, 2008)

Before the court was a motion by creditor-landlord for a determination that debtor was required to pay its share of the balance of property taxes and common area maintenance charges pursuant to a lease.


In re 1945 Route 23 Associates, No. 06-17474, Adv. No. 07-1207, 2008 WL 2527818 (Bankr. D.N.J. Oct. 1, 2008)

Before the court was a motion for summary judgment and cross motion for summary judgment. Movant sought to determine that it was not liable for environmental damage based, in part, on the New Jersey Spill Compensation and Control Act, lack of causation and successor liability and that movant provided cross-movant with sufficient notice to quit certain property. Cross movant opposed the motion and cross-moved for summary judgment on the issue of whether movant gave enough notice before it quit the property.


In re EnCap Golf Holdings, LLC, No. 08-18581, 2008 WL 3193786 (Bankr. D.N.J. Aug. 04, 2008)

Before the court was a creditor’s motion for a determination that the automatic stay did not prevent the creditor from commencing an arbitration proceeding against the debtor and others or alternatively for modification of the automatic stay so that the creditor could proceed with arbitration.


In re EnCap Golf Holdings, LLC, No. 08-18590, 2008 WL 5955350 (Bankr. D.N.J. Dec. 24, 2008)

Before the court was a motion pursuant to § 365(d)(2) of the Code to compel debtor to assume or reject a purchase agreement covering certain real property and a lease agreement.


In re EnCap Golf Holdings, LLC, No. 08-18590, 2008 WL 4200324 (Bankr. D.N.J. Sept. 04, 2008)

Before the court was a motion to dismiss debtor’s Chapter 11 case, or alternatively, for relief from the automatic stay. The issues were: (1) whether cause existed to dismiss the case either as a “bad faith” filing or pursuant to § 1112(b)(4)(A) of the Code or (2) whether the court can grant relief from the automatic stay pursuant § 362(d)(1) or § 362(d)(2) of the Code.


In re Hudson's Coffee, Inc., No. 05-12252, Adv. No. 06-1458, 2008 WL 4837285 (Bankr. D.N.J. Oct. 31, 2008)

Before the court was a motion pursuant to Fed. R. Of Bankr.P. 8005 to stay pending an appeal, this court’s previous order approving a settlement.


In re Pizzuto, No. 06-2696, 2008 WL 782586 (Bankr. D.N.J. March 20, 2008)

Before the court was an adversary proceeding brought by debtor who sought a determination that his 1995 federal income tax return was dischargeable pursuant to § 523(a)(1)(B)(ii) of the Code.


In re Salazar, No. 07-1755, 2008 WL 682081 (Bankr. D.N.J. March 07, 2008)

Before the court was a motion pursuant to Fed. R. Civ. P. 15(c)(1)(B) brought by a creditor to amend her complaint to add counts directed at denial of the debtor’s discharge.


In re Stamper, No. 03-49235, 2008 WL 724237 (Bankr. D.N.J. March 17, 2008)

Before the court was the debtor’s motion to find a creditor in violation of the automatic stay and to recover damages for the willful violation of the stay.


In re Tamis, 398 B.R. 124 (Bankr. D.N.J. 2008)

Addresses the standard for determining defalcation under Code § 523(a)(4).


In re Truong, Bankr. No. 03-40283, Adv. No. 03-2681, 2008 WL 442292 (Bankr. D.N.J. Feb. 14 2008)

Before the court was the Chapter 7 Trustee’s motion to impose a filing injunction against pro se debtor.