In Re: Richard Holt
Richard Holt |
Richard Holt |
JPMorgan Chase Bank, N.A. |
7:2017cv07901 |
October 13, 2017 |
US District Court for the Southern District of New York |
White Plains Office |
Nelson Stephen Roman |
Bankruptcy Appeal (801) |
28 U.S.C. ยง 0158 Notice of Appeal re Bankruptcy Matter (BA |
None |
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Filing 28 OPINION & ORDER: Accordingly, the Bankruptcy Court did not abuse its discretion in granting relief from the stay. See In re Khan, 593 F. App'x 83, 86 (2d Cir. 2015) (affirming the district court's decision to affirm the Bankruptcy Court 39;s order awarding sanctions due to a party's "general pattern of groundless litigation in the bankruptcy courts"); In re Procel, 467 B.R. at 309 (holding that the parties' participation in property transfers and numerous bankrup tcy filings was sufficient for the Bankruptcy Court to find that the current bankruptcy petition was part of a scheme to delay, hinder, and defraud the appellees); In re Plagakis, No. 03-CV-728(SJ), 2004 WL 203090, at *5 (E.D.N.Y. Jan. 27, 2004) (&qu ot;The filing of a bankruptcy petition merely to prevent foreclosure, without the ability or the intention to reorganize, is an abuse of the Bankruptcy Code." (internal quotation marks omitted) (quoting In re Felberman, 196 B.R. 678,681 (Bankr. S.D.N.Y. 1995)). The Clerk of the Court is respectfully directed to close this case. The Clerk of the Court is further directed to mail a copy of this Order to Plaintiff and file proof of service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 1/15/2019) (rj) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing. |
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