Toporek Family LP.
7
Louis A. Scarcella
01/17/2023
03/27/2024
No
v
| Repeat, PRVDISM |
Assigned to: Judge Louis A. Scarcella Chapter 7 Voluntary No asset |
|
Debtor Toporek Family LP.
2840 Lindenmere Dr Merrick, NY 11566 NASSAU-NY Tax ID / EIN: 11-6461723 |
represented by |
Toporek Family LP.
PRO SE |
Trustee Andrew M Thaler
Thaler Law Firm PLLC 675 Old Country Road Westbury, NY 11590 (516) 279-6700 |
| |
U.S. Trustee United States Trustee
Long Island Federal Courthouse 560 Federal Plaza - Room 560 Central Islip, NY 11722-4437 (631) 715-7800 |
| Date Filed | # | Docket Text |
|---|---|---|
| 09/13/2023 | 20 | Amended Memorandum Order Granting Immediate and Prospective In Rem Relief From the Automatic Stay as to Property 2840 Lindenmere Drive, Merrick, NY 11566. For the foregoing reasons, and for the reasons set forth on the record at the May 9, 2023 hearing, it is hereby ORDERED, that the relief sought in the Motion is Granted. The automatic stay imposed in this case by § 362(a) is vacated under § 362(d)(1) and (d)(2) as to the Creditors interest in the Property to allow the Creditors immediate enforcement of its rights in, and remedies in and to, the Property. Under § 362(d)(4), and provided that this Order is recorded in conformity therewith, this granting in rem relief as to the Creditors interest in the Property shall be binding in any other case filed under the Bankruptcy Code purporting to affect the Property that is filed not later than one (1) year after the date of this Order, such that the automatic stay under § 362(a) shall not apply to the Creditors interest in the Property, except that a debtor in a subsequent case under the Bankruptcy Code may move for relief from this Order based upon changed circumstances or for good cause shown, after notice and a hearing. (RE: related document(s)10 Motion for Relief From Stay filed by Creditor Servicing, LLC as servicer for U.S. Bank Trust National Association, not in its individual capacity, but solely as Trustee of LSF9 Master Participation Trust, Motion for Costs/Atty Fees, 15 Order on Motion For Relief From Stay, 19 Order on Motion to Authorize/Direct). Signed on 9/13/2023 (dhc) (Entered: 09/13/2023) |
| 09/13/2023 | 19 | Order Granting Motion To Amend Under Fed. R. Civ. P. 60(a). The Court shall enter a separate, amended Memorandum Order reflecting the correct address of the real property. (Related Doc # 17) Signed on 9/13/2023. (dhc) (Entered: 09/13/2023) |
| 09/12/2023 | Hearing Held; Appearances: Charles Fisher, Richard Toporek. Amended Order will be entered (RE: related document(s) 17 Motion to Authorize/Direct Filed by Creditor Fay Servicing, LLC as servicer for U.S. Bank Trust National Association, not in its individual capacity, but solely as Trustee of LSF9 Master Participation Trust) (dhc) (Entered: 09/12/2023) | |
| 09/05/2023 | 18 | Objection to relief from the automatic stay Filed by Toporek Family LP. (RE: related document(s)17 Motion to Authorize/Direct filed by Creditor Fay Servicing, LLC as servicer for U.S. Bank Trust National Association, not in its individual capacity, but solely as Trustee of LSF9 Master Participation Trust) filed via electronic dropbox (gmg). (Entered: 09/05/2023) |
| 08/10/2023 | 17 | Motion to Authorize/Direct respectfully requesting that this Court correct the prior Memorandum Order Granting Immediate and Prospective In Rem Relief from the Automatic Stay, entered on May 18, 2023 [ECF No. 15], to reflect the proper street number in the subject property, that being 2840 Lindenmere Drive, Merrick, New York 11566 Filed by Kevin R Toole on behalf of Fay Servicing, LLC as servicer for U.S. Bank Trust National Association, not in its individual capacity, but solely as Trustee of LSF9 Master Participation Trust. Hearing scheduled for 9/12/2023 at 10:00 AM at Courtroom 970 (Judge Scarcella), CI, NY. (Attachments: # 1 Motion # 2 Exhibit A - Loan Docs # 3 Exhibit B - Memorandum Order # 4 COS) (Toole, Kevin) (Entered: 08/10/2023) |
| 07/25/2023 | 16 | Trustee Certification of Services Rendered Under 11 U.S.C. Section 330(e). I rendered the following service in the case and am eligible for payment under 11 U.S.C. Section 330(e): Filed a Report of No Distribution. I declare under penalty of perjury that the foregoing is true and correct. (Executed on 7/25/2023). Filed by Andrew M Thaler (RE: related document(s) Chapter 7 Trustee's Report of No Distribution). (Thaler, Andrew) (Entered: 07/25/2023) |
| 07/05/2023 | Receipt of Fee for Certification of Document - $11.00. Receipt Number 80269040. (HM) (admin) (Entered: 07/05/2023) | |
| 05/18/2023 | 15 | Memorandum Order Granting Immediate and Prospective In Rem Relief From the Automatic Stay as to Property 2480 Lindenmere Drive, Merrick, NY 11566. For the foregoing reasons, and for the reasons set forth on the record at the May 9, 2023 hearing, it is hereby ORDERED, that the relief sought in the Motion is Granted. The automatic stay imposed in this case by § 362(a) is vacated under § 362(d)(1) and (d)(2) as to the Creditors interest in the Property to allow the Creditors immediate enforcement of its rights in, and remedies in and to, the Property. under § 362(d)(4), and provided that this Order is recorded in conformity therewith, this granting in rem relief as to the Creditors interest in the Property shall be binding in any other case filed under the Bankruptcy Code purporting to affect the Property that is filed not later than one (1) year after the date of this Order, such that the automatic stay under § 362(a) shall not apply to the Creditors interest in the Property, except that a debtor in a subsequent case under the Bankruptcy Code may move for relief from this Order based upon changed circumstances or for good cause shown, after notice and a hearing. (Related Doc # 10) Signed on 5/18/2023. (dhc) (Entered: 05/18/2023) |
| 05/09/2023 | Hearing Held; (related document(s): 10 Motion for Relief From Stay filed by Servicing, LLC as servicer for U.S. Bank Trust National Association, not in its individual capacity, but solely as Trustee of LSF9 Master Participation Trust) Appearance: Charles Fisher. In Rem Relief Motion Granted, Submit Order (DianeCorsini) (Entered: 05/09/2023) | |
| 05/08/2023 | 14 | Reply to Secured Creditor to Debtor Objection Filed by Toporek Family LP. (RE: related document(s)13 Reply filed by Creditor Fay Servicing, LLC as servicer for U.S. Bank Trust National Association, not in its individual capacity, but solely as Trustee of LSF9 Master Participation Trust) Filed Via Electronic Dropbox (ylr). (Entered: 05/08/2023) |