Case ast Doc 4392 Filed 05/06/14 Entered 05/06/14 14:23:50

Transcription

1 Case ast Doc 4392 Filed 05/06/14 Entered 05/06/14 14:23:50 This Order relates to a hearing Held on March 20, 2014 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK X In re: Chapter 7 Case No.: (DTE) AGAPE WORLD, INC., et al., Substantively Consolidated Debtors X ORDER GRANTING TRUSTEE S SIXTY-THIRD OMNIBUS OBJECTION SEEKING TO DISALLOW CERTAIN PROOFS OF CLAIM FILED AGAINST THE DEBTORS Upon the Sixty-Third Omnibus Objection Seeking To Disallow Certain Proofs of Filed Against The Debtors, dated February 14, 2014 (the Objection ), filed by Kenneth P. Silverman, Esq., the chapter 7 trustee (the Trustee ) of the above-captioned substantively consolidated bankruptcy estate of Agape World, Inc., et al. (collectively, the Debtors ), 1 seeking the entry of an Order disallowing the claims set forth on annexed hereto (collectively, the s ); and upon the declaration of Brett S. Silverman, Esq. filed in further support of the Objection, dated February 14, 2014 (the Silverman Declaration ); and a hearing on the Objection having been held before the Honorable Dorothy T. Eisenberg, United States Bankruptcy Judge on March 20, 2014 at 10:00 a.m. (the Hearing ), the transcript of which is incorporated herein by reference; and due and proper notice of the Objection and the Hearing having been given to each of the claimants listed on to this Order (collectively, the ants ) in accordance with (a) Rule 3007(a) of the Federal Rules of Bankruptcy Procedure, and (b) this Court s Order dated August 14, 2009 authorizing the Trustee to file omnibus objections to claims; and upon the Affidavit of Service of the Objection on file with the Court; and the Trustee having appeared at the Hearing in support of the Objection, by and through his attorneys; and the Trustee having withdrawn his objection to No filed Salvatore 1 The substantively consolidated estates are: Agape World, Inc., Agape Merchant Advance LLC, Agape Community LLC, Agape Construction Management, LLC, Agape World Bridges LLC, and 114 Parkway Drive South LLC.

2 Case ast Doc 4392 Filed 05/06/14 Entered 05/06/14 14:23:50 Maritirano, without prejudice to the Trustee s rights to further object to No in the future on any grounds; and all objections and responses to the Objection having been resolved or overruled; and it appearing that no further notice need be given or required; and after due deliberation and sufficient cause appearing for the relief requested, it is hereby ORDERED, that the relief requested in the Objection is granted to the extent provided for herein; and, it is further ORDERED, that the s listed on annexed hereto are disallowed in their entirety; and, it is further ORDERED, that the Trustee, is hereby authorized to do such things, expend such funds and execute such documents as to effectuate the terms and conditions of this Order. Dated: May 6, 2014 Central Islip, New York Alan S. Trust United States Bankruptcy Judge

3 Sixty-Third Omnibus s Objection In re: Agape World Inc., et al s to be to be s JAMAICA AVENUE, LLC C/O ALFRED E SMITH ESQ 60 EAST 42ND STREET SUITE 2912 NEW YORK, NY $ $159, ST AVENUE, LLC C/O ALFRED E SMITH ESQ 60 EAST 42ND STREET SUITE 2912 NEW YORK, NY $ $170, No No ALESCHIN, DARLENE 7300 NW 1ST #206 PLANTATION, FL $14, $6, No ANTINE, PETER JR 22 STUART DR SYOSSET, NY $10, $14, No TEMP6/ /056601

4 Sixty-Third Omnibus s Objection In re: Agape World Inc., et al s to be to be s ARIEL ROMER & JESSICA BONILLA TH ST, APT 6K CORONA, NY $30, $30, CADDICK, CHARLES KEVIN ENTRUST IRA SOUTHWEST FLORIDA LLC BANYAN CREEK DR FORT MEYERS, FL $50, $50, No No. 999 should duplicative of 403. CARDONE, JOSEPH 21 ROCK CLIFF PL WHITE PLAINS, NY $70, $70, CAUNITZ, RICHARD ENTRUST IRA SOUTHWEST FLORIDA LLC BANYAN CREEK DR FORT MYERS, FL CAUNITZ, RICHARD 45 STURBRIDGE COURT NANUET, NY $10, $23, No No

5 Sixty-Third Omnibus s Objection In re: Agape World Inc., et al s to be to be s CAVA, LAURA 13 EVELYN RD PLAINVIEW, NY $22, $9, CENAJ, TEUTA 320 SOUTH STREET APT 12M MORRISTOWN, NJ 7960 CENAJ, TEUTA 1203 RIVER ROAD, APT 9-H EDGEWATER, NJ CENAJ, TEUTA 1393 BRENTWOOD ROAD YARDLEY, PA $160, $160, No No COMANDO, ANTHONY JR. 29 GOLDENROD AVENUE FRANKLIN SQUARE, NY $143, $132, No

6 Sixty-Third Omnibus s Objection In re: Agape World Inc., et al s to be to be s COMANDO, DANIELLE 200 HILTON AVE UNIT 36 HEMPSTEAD, NY $25, $17, No COMO, SALVATORE 144 SANDY HOLLOW RD NORTHPORT, NY $73, $68, No. 27 should duplicative of 17. DAVI, JOSEPHINE ST AVE GLENDALE, NY $150, $81, No DELPEZZO, MAUREEN A 58 HAWTHORNE STREET MASSAPEQUA, NY $6, $6, No

7 Sixty-Third Omnibus s Objection In re: Agape World Inc., et al s to be to be s DIAMOND, ROSA 880 5TH AVENUE NEW YORK, NY $63, $63, ENTRUST IRA SOUTHWEST FLORIDA LLC - Joseph Russo BANYAN CREEK DR FORT MEYERS, FL JOSEPH RUSSO 2837 LAWRENCE DRIVE WANTAGH, NY $ $21, No No Fazio, Joseph & Catherine 425 Adirondack Ct. Marco Island, FL $127, $127, No FRANK, ELLYANA 133 JEFFERSON AVENUE ISLAND PARK, NY $5, $5, No

8 Sixty-Third Omnibus s Objection In re: Agape World Inc., et al s to be to be s GALLAGHER, WILLIAM 551 BEACH 131 STREET BELLE HARBOR, NY $16, $31, No HAND, DENNIS 1154 OLD NICHOLS ROAD ISLANDIA, NY $373, $377, JESSICA BONILLA / ARIEL REMER TH ST APT 6K CORONA, NY JESSICA BONILLA 30 ST. ANDREWS DRIVE BRENTWOOD, NY $30, $30, No. 706 should duplicative of No KINZIE, CHARLES J 429 BEACH 140TH ST BELLE HARBOR, NY $872, $313, No

9 Sixty-Third Omnibus s Objection In re: Agape World Inc., et al s to be to be s LONGHWAY, EILEEN M. AND THOMAS J. LONGHWAY 2358 NARRAGANSET AVENUE SEAFORD, NY $36, $239, No MUENZER, VJOLKA AND KEITH 2648 FRANCES STREET BELLMORE, NY $68, $46, OGANESIAN, KARMEN 14 TIMBER TRAIL SUFFERN, NY OGANESIAN, KARMEN nd PLACE MASPETH, NY $126, $98, PASSUELLO, CHRIS C/O ROSS & MATZA 265 Sunrise Highway Suite 665 Rockville Centre, NY $11, $11, No No. 891 should duplicative of 890. No

10 Sixty-Third Omnibus s Objection In re: Agape World Inc., et al s to be to be s ROJAS, ALFREDO ST ST APT 7F WOODSIDE, NY $75, $27, No ROJAS, ALFREDO ST APT 7F WOODSIDE, NY $75, $27, No RUSSO, Lucille 136 WYONA AVENUE Lindenhurst, NY $47, $30, SIGMUND, MICHAEL AND SHARON C/O MARK S. MULHOLLAND RUSKIN MOSCOU FALTISCHEK, P C 1425 RXR PLAZA, EAST TOWER, 15TH FL UNIONDALE, NY $52, $77, No No. 97 should duplicative of 95. 8

11 Sixty-Third Omnibus s Objection In re: Agape World Inc., et al s to be to be s THOMPSON, CHERYL 21 TAMARA DR BLOOMFIELD, CT $5, $5, No TRAINA, KRISTEN DEPALO 10 BUCKINGHAM RD MERRICK, NY $30, $30, No. 439 should duplicative of VILLAFANE, NANCY ND PL MASPETH, NY $ $7, No