2013 Judge Winfield - Opinions
Judge Novalyn L. Winfield -- Opinions signed in 2013
Procedurally, the opinion addresses Plaintiff's motion to dismiss a counterclaim and Defendants' motion to dismiss a third party complaint. Both motions were granted. Applying the Van Dusen Rule, which requires that when venue is changed, the transferee court must apply the state law that the transferor court would have applied, the court determined that it had to apply Delaware law to the claims asserted in the counterclaim and the third party complaint. Application of Delaware required dismissal of the claims for minority shareholder oppression and breach of fiduciary duty.
This matter is before the court for determination of whether the purchaser of a tax sale
certificate holds a “tax claim” pursuant to § 511 of the Bankruptcy Code. As set forth below, the
court concludes that a purchaser of a tax sale certificate holds a tax claim and is entitled to the
interest rate on that claim as provided under applicable nonbankruptcy law.
Summary Judgment granting in favor of Plaintiff. Corporate veil was pierced. Debt found nondischargeable under Section 523(a(4)
Servicer of mortgage loan found to be a holder of the mortgage note with the right to enforce it. Various provisions of the note found not to affect negotiability of the note. Court also found that Plaintiffs lacked standing to assert claims based on the alleged noncompliance with the Pooling and Servicing Agreement for and New York Trust Law with regard to the transfer of the note and mortgage to the securitization trust.
To calculate the interest rate applicable to delinquent real estate taxes and other charges N.J.S.A. 54:4-67 should be construed so that the first $1,500 of delinquent taxes in each year is subject to an 8% interest rate and 18% interest is applied to any excess amounts due.
Discharge denied pursuant to sections 727(a)(2)(B) and 727(a)(7).