Lead Bankruptcy Action: In re Stuart Michael Simonsen Case No. 14-60015-7 Subject Matter: Chapter 7 Petition for bankruptcy. Status: Pending Adversarial Proceedings in Bankruptcy Court: BDS Quant Capital, LLC v. Stuart Michael Simonsen Adv. No. 14-00008 (Code section 523 case) Subject Matter: Complaint objecting to discharge of Debtors debt to BDS under 11 USC Section 523 (no discharge as to this debt). Status: Complaint filed 3/18/14; Answer filed 4/16/14. Debtors Motion for Summary Judgment denied by Order dated 11/18/14. Case suspended by Order dated 3/4/15 pending outcome of 727 cases (objections to general discharge). BDS Quant Capital, LLC et al v. Stuart Michael Simonsen Adv. No. 14-00019 (Code section 727 case) Subject Matter: Complaint objecting to general discharge of all of Debtors debts under 11 USC Section 727 (revocation of general discharge) Status: Complaint filed 6/30/14; Answer filed 7/31/14. Simonsen deposed May 14-15, 2015; Pre-Trial Motions due by 5/29/15; Pre-Trial Hearing on 6/23/15. Lyle Vaden v. Stuart Michael Simonsen Adv. No. 14-00020 (Code section 523 case) Subject Matter: Complaint objecting to discharge of Debtors debt to Vaden under 11 USC Section 523 (no discharge as to this debt) Status: Complaint filed 7/1/14; Answer filed 7/31/14. Case suspended by Order dated 3/4/15 pending outcome of 727 cases (objections to general discharge)..
Page | 1
Kaga Investments S.A. et al v. Stuart Michael Simonsen
Adv. No. 14-00021 (Code section 523 case) Subject Matter: Complaint objecting to discharge of Debtors debt to Kaga under 11 USC Section 523 (no discharge as to this debt). Status: Complaint filed 7/1/14; Answer filed 8/14/14. Case suspended by Order dated 1/9/15 pending outcome of 727 cases (objections to general discharge).. . Frank DAmato v. Stuart Michael Simonsen Adv. No. 14-00022 (Code section 523 case) Subject Matter: Complaint objecting to discharge of Debtors debt to DAmato under 11 USC Section 523 (no discharge as to this debt) Status Complaint filed 7/14/14; Answer filed 8/13/14. Case suspended by Order dated 1/9/15 pending outcome of 727 cases (objections to general discharge).. Darcy Crum, Trustee v. Grizzly Peak, LP et al Adv. No. 14-00025 (Asset Recovery case) Subject Matter: Complaint seeking to recover assets from 3rd party alter egos of Debtor under various theories of fraudulent transfer, avoidance, piercing the veil, constructive trust, etc. Status: Original Complaint filed 8/14/14; 1st Amended Complaint filed 01/12/15. Defendants Motion to Dismiss filed 1/27/15; Motion denied 6/2/15, with leave to Plaintiff to amend its complaint. Per scheduling order dated 6/1/15, discovery deadline is 10/30/15. Pre-Trial scheduling conference on 10/31/15. Darcy Crum, Trustee v. Stuart Michael Simonsen Adv. No. 14-00028 (Code section 727 case) Subject Matter: Complaint objecting to general discharge of all of Debtors debts under 11 USC Section 727 (revocation of general discharge). Status: Complaint filed 9/2/14; Answer filed 9/26/14. By Stipulation dated 2/13/15, approved by the Court 2/17/15, trustee agreed to dismiss the complaint in exchange of $3,000 in costs. (Issue in the case was failure of the debtor to file and turn over copies of his tax returns etc.)
Louis E. Wolfson and Elkin B. Gerbert v. Honorable Edmund L. Palmieri, United States District Judge For The Southern District of New York, 396 F.2d 121, 2d Cir. (1968)