Cases

Darden v OneUnited Bank (2020 NY Slip Op 04291) Darden v OneUnited Bank 2020 NY Slip Op 04291 Decided on July 29, 2020 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to J

MEMORANDUM AND ORDER ON APPEAL FROM THE BANKRUPTCY COURT’S RULING ON OBJECTION TO PROOF OF CLAIM STEARNS, D.J. This bankruptcy appeal arises from the failed effort of a venerable Boston church, the Charles Street African Methodist Episcopal Church, to develop a multi-ser-vice community center in Roxbury. In the bankruptcy proceeding, the Church objected to a claim by its lender for the project, OneUnited

MEMORANDUM & ORDER GORTON, District Judge. Appellant OneUnited Bank (“OneUnit-ed” or “the Bank”) negotiated two mortgage loans with appellee Charles Street African Methodist Episcopal Church of Boston (“CSAME”), upon which CSAME ultimately defaulted. When the Bank sought to foreclose upon the mortgaged properties, CSAME filed a Chapter 11 petition in the Bankruptcy Court of this District. The Bank subsequen

MEMORANDUM OF DECISION ON REMAND Frank J. Bailey, United States Bankruptcy Judge Background On November 2, 2016, this Court entered judgment in the above-captioned adversary proceeding, overruling the objections of plaintiff and chapter 11 debtor Charles Street African Methodist Episcopal Church of Boston (“the Church”) to the proof of claim of OneUnited Bank (“the Bank”) and dismissing th

Barbetta v NBCUniversal Media, LLC (2024 NY Slip Op 02514) Barbetta v NBCUniversal Media, LLC 2024 NY Slip Op 02514 Decided on May 8, 2024 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Ju

MEMORANDUM OF DECISION AND ORDER ON DEBTOR’S MOTION FOR DESIGNATION OF VOTES OF ONEUNITED BANK FRANK J. BAILEY, Bankruptcy Judge. The chapter 11 debtor, Charles Street African Methodist Episcopal Church (“CSAME” or “the Debtor”), has moved under 11 U.S.C. § 1126(e) to designate the votes cast by secured creditor OneUnited Bank (“OneUnited”) against CSAME’s plan of reorganization and, by virtue of des

MEMORANDUM OF DECISION ON REQUEST OF DEBTOR TO PROHIBIT CREDIT BIDDING FRANK J. BAILEY, Bankruptcy Judge. In conjunction with its proposed sale of certain real property, the debtor and debt- *455or-in-possession, Charles Street African Methodist Episcopal Church of Boston (“CSAME”), has moved for an order prohibiting OneUnited Bank (“One

MEMORANDUM OF DECISION ON DEBTOR’S OBJECTION TO PROOF OF CLAIM OF ONEUNITED BANK FRANK J. BAILEY, Bankruptcy Judge. The matter before the Court is the Objection of the Debtor, Charles Street African Methodist Episcopal Church of Boston (“CSAME”), to proof of claim no. 10 (the “Claim”), filed by OneUnited Bank (“OneUnited”). CSAME objects to the default interest portion of the claim, arguing that it is

21-2149-cv Souza v. Exotic Island Enterprises, Inc. UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT August Term, 2022 Argued: December 2, 2022 Decided: May 19, 2023 Docket No. 21-2149-cv ALANA SOUZA, AKA ALANA CAMPOS, BROOKE BANX, BROOKE TAYLOR-JOHNSON, JACLYN SWEDBERG, JAIME EDMONDSON-LONGORIA, JESSICA HIN

OPINION McKEOWN, Circuit Judge: This appeal involves the straightforward construction of a statute that gives the Federal Deposit Insurance Corporation (“FDIC”) the right to remove actions from state court to federal court: the Corporation may, without bond or security, remove any action, suit, or proceeding from a State

MEMORANDUM OF DECISION ON SUBORDINATION OF CLAIM OF ONEUNITED AND DEBTOR’S MOTION FOR FEES FRANK J. BAILEY, Bankruptcy Judge. By the motion before the court, the debtor and debtor?in?possession, Charles Street African Methodist Episcopal Church of Boston (“CSAME”), seeks an award of attorney’s fees against OneUnit-ed Bank (“OneUnited”) and, on the basis of the same conduct as gives rise to the cla

Robert M. Dow, Jr., United States District Judge *782This case is on appeal from the United States Bankruptcy Court for the Northern District of Illinois, Eastern Division, Case No. 17-11668. Appellant Glenn Stearns, Chapter 13 Trustee ("Trustee"), appeals from the Bankruptcy Court's order and memorandum opinion dated December 27, 2017, denying the Trustee's motion to d

MEMORANDUM OF DECISION ON CONFIRMATION OF DEBTOR’S SECOND MODIFIED SECOND AMENDED THIRD PLAN OF REORGANIZATION Frank J. Bailey, United States Bankruptcy Judge The matter before the court is the proposed confirmation of the Second Modified Second Amended Third Plan of Reorganization [Doc. # 1214] of debtor Charles Street African Methodist Episcopal Church of Boston

*75 MEMORANDUM OF DECISION AND ORDER ON MOTION OF ONEUN-ITED BANK TO DISMISS CHAPTER 11 CASE FRANK J. BAILEY, Bankruptcy Judge This case is before the court on the motion of creditor OneUnited Bank (“OneUnited”) under 11 U.S.C. § 1112(b)(1) to dismiss the case on the basis that the debtor, Charles Street African Methodist Episcopal Church of

MEMORANDUM OF DECISION ON (1) CONFIRMATION OF DEBTOR’S SEVENTH MODIFIED FIRST AMENDED PLAN OF REORGANIZATION AND ON (2) MOTION OF ONEUNITED BANK TO DISMISS CHAPTER 11 CASE FOR CAUSE FRANK J. BAILEY, Bankruptcy Judge. The matters before the court are the proposed confirmation of the Seventh Modified First Amended Plan of Reorganization of debtor Charles Street African Methodist Episcopal Church of

FOR PUBLICATION UNITED STATES BANKRUPTCY APPELLATE PANEL FOR THE FIRST CIRCUIT _______________________________ BAP NO. PR 20-014 _______________________________ Bankruptcy Case No. 19-01830-ESL _______________________________ LA TRINIDAD ELDERLY LP SE, Debtor. _______________________________

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA JUDICIAL WATCH, INC., Plaintiff, v. Civil Action No. 09-01508 (BAH) U.S. DEPARTMENT OF THE TREASURY, Defendant. MEMORANDUM OPINION Plaintiff Judicial Watch, Inc. brought this case to compel the U.S. Department of the Treasury to respond to

796 F.Supp.2d 13 (2011) JUDICIAL WATCH, INC., Plaintiff, v. U.S. DEPARTMENT OF the TREASURY, Defendant. Civil Action No. 09-01508(BAH). United States District Court, District of Columbia. July 11, 2011. *18 Paul J. Orfanedes, Jason B. Aldrich, Judicial Watch, Inc., Washington, DC, for Plaintiff. Teresa M. Schreffler, Eliza

STAHL, Circuit Judge. This appeal presents multiple issues arising from a heavily contested Chapter 11 bankruptcy proceeding. Stated simply, a secured creditor appealed to the Bankruptcy Appellate Panel for the First Circuit (“the BAP”) from the bankruptcy court’s orders determining its entitlement to postpetition interest (and thus the total amount of its claim) and confirming

Feeney, Chief U.S. Bankruptcy Appellate Panel Judge. Catholic School Employees Pension Trust (the "Pension Trust" or the "Trust") appeals from the bankruptcy court's Opinion and Order (the "Dismissal Order"), dated March 13, 2018, dismissing the Pension Trust's chapter 11 case. In dismissing the case, the bankruptcy court ruled that the Pension Trust was not a "person" eligible to be a debtor under