2013 Judge Kaplan - Opinions
Judge Michael B. Kaplan -- Opinions signed in 2013
The Court grants the United States' Motion for Reconsideration [Docket Entry No. 420] and Vacates the Court's Order modifying reducing and expunging claims [Docket Entry No. 412]. The IRS's claims are fixed as follows: a priority claim in the amount of $299,590.53 and a general unsecured claim in the amount of $654.75.
The Court finds that the property devised to the Debtor per the terms of his father's Will does not constitute the Debtor's "residence" within the meaning of 11 U.S.C. § 522(d)(1). Accordingly, the Debtor may not claim a homestead exemption and the Trustee's motion is GRANTED.
"Plaintiff asks the Court to: (i) declare non-dischargeable an arbitration award and judgment obtained in state court, and (ii) grant summary judgment in favor of Plaintiff. The arbitration award arises from an alleged tortious assault and battery by Debtor against Plaintiff. The Court finds that summary judgment is not appropriate at this stage of the proceedings and will therefore deny Plaintiff's summary judgment motion without prejudice."
The Court finds that Holiday City possesses a valid lien on the property for the full amount of the outstanding indebtedness and, accordingly, the automatic stay pursuant to 11 U.S.C. § 362(a) does not proscribe efforts by Holiday City to pursue collection of its in rem claim. Therefore, Debtor's Motion for Summary Judgment [Docket Entry No. 4] is DENIED and Holiday City's Cross Motion for Summary Judgment [Docket Entry No. 6] is GRANTED.
Marlow Acquisitions, LLC's motion for summary judgment is denied. Debtor has presented sufficient admissible evidence creating a genuine dispute as to a material fact.
Based on the testimony of the parties and evidence presented at trial, the Court determines that the Judgment debt arises from the infliction of a willful and malicious injury. Therefore, the entire debt is non-dischargeable under 11 U.S.C. §523(a)(6).
Debtors/Defendants filed two motions with respect to the Trustee's complaint, which seeks to recover certain real property that was allegedly transferred prior to the petition date. The Court finds that there exist genuine disputes of material fact with respect to all but one of the Trustee's claims. Additionally, the Court finds that the alleged procedural infirmities advanced by the Debtors are without merit. Accordingly, (i) the Debtors' summary judgment motion is granted as to the Trustee's claim under 11 U.S.C. § 544(a) only, and denied as to the remainder of the Trustee's claims, and (ii) the Debtors' motion to dismiss is denied in its entirety.