1. I am an attorney duly admitted to practice before the Courts of the State
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1 Presentment Date Feb. 23, 2015 at 9:30 a.m. Objection Deadline: Feb. 16, 2015 at 4:00 p.m. Steven G. Rubin & Assoc. P.C. Attorneys for Creditor Claimant Park East Construction Corp. Schedule D Creditor Holding Secured Claims 100 Quentin Roosevelt Blvd., Suite 506 Garden City, New York (516) Steven G. Rubin --- ~~ ~~.~; UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK In re;,. LONG BEACH MEDICAL CENTER, et al., Debtors.. Chapter 11 Case No (ast) (Jointly Administered) Declaration In Objection of Park East Construction Carpi. Schedule D Creditor Holding Secured Claim STEVEN G. RUBIN, pursuant to 28 U.S.C. 1746, declares under penalty of perjury as follows: 1. I am an attorney duly admitted to practice before the Courts of the State of New York and the United States District Court for the Eastern District of New York. 2. I am a principal in the firm of Steven G. Rubin & Associates, P.C. attorneys for Park East Construction Corp. ("PEC") a Schedule q Creditor Holding a Secured Claim in connection with the properties 415 State Street, Long Beach New York in the sum of $16, and 425 State Street, Long Beach New York in the sum of $21, (collectively "PEC 415 & 425 Claims") due from the insurance proceeds 1
2 being held by the First Central Savings Bank ("FCSB") for the repair and restoration of damages caused by Hurricane Sandy to 415 State Street, Long Beach New York and 425 State Street, Long Beach New York ("415 & 425 State Street") listed properties in the Stipulation and Agreed Order Modifying the Automatic Stay and Permitting Application of Funds by Secured Creditor dated January 29, 2015 (Ex. 1 hereto the "Stipulation") being presented for settlement and signature to the Honorable Alan S. Trust and am fully familiar with the facts and circumstances set forth herein. 3. This declaration is submitted in objection to the Notice of Presentment of the Stipulation (Ex. 1) for settlement and signature. FCSB is not listed as a Creditor Holding A Secured. Claim.astoJhe Premises.. 4. Attached as Exhibit 2 hereto is a copy of Schedule D Creditors Holding Secured Claims. 5. The Stipulation Recitals ~C (Ex. 1) states: "On or about March 7, 2008, LBMC executed and delivered to FCSB a blanket mortgage dated March 7, 2008 (the "Blanket Mortgage") on 758 Lincoln Boulevard, 415 State Street, 425 State Street, 479 State Street, 765 Franklin Boulevard, 761 Franklin Boulevard, incoln Boulevard, 760 Lincoln Boulevard, 711 Lincoln Boulevard and Lincoln Boulevard, Long Beach New York, ("collective, the "Premises")... " (emphasis added). 6. Schedule D Creditors Holding a Secured Claim (Ex. 2) lists PEC's 415 & 425 Claims as a secured creditor as to 415 & 425 State Street properties! 7. FCSB is not listed on Schedule Das a Creditor Holding a Secured Claim (Ex. 2) as to 415 & 425 State Street properties. 2
3 All or at least $264,700 of the $383, of the Balance of the Insurance Proceeds ("Cash Proceeds"}. are Not Part:ofthe:J3ankruptilti:state. 8. Lien Law 70 (3) provides that a Lien Law Article 3-A trust commences at the time any asset thereto comes into existence and that the trust to which the Owner is a trustee shall continue with respect to every asset of the trust until every trust claim arising at any time during the improvement has been paid or discharged. 9. Further Lien Law 70(5)(f) states: "The assets of the trust of which the owner is trustee are funds received by him and his rights of action for payment thereof (f) as proceeds of any insurance payable because of the destruction of the improvement or its removal by fire or other casualty, except that the amount thereof required to reimburse the owner for premiums paid by him out of funds other than trust funds shall not be deemed part of the trust assets." 10. Further Lien Law 71(1) states: "The trust assets of which an owner is trustee under subdivisions five( a) to five(f), inclusive, of section seventy of this chapter shall be held and applied for payment of the cost of improvement." 11. Further Lien Law 71 (3)(a) states: "With respect to the trust of which an owner is trustee, 'trust claims' means claims of contractors, subcontractors, architects, engineers, surveyors, laborers and materialman arising out of the improvement for which the owner is obligated and also means any obligation of the owner incurred in connection with the improvement for a payment or expenditure defined as cost of improvement." 12. Additionally Lien Law 2 (5) states:: "Cost of improvement..... means expenditures incurred by the owner in paying the claims of a contractor, an architect, engineer or surveyor, a subcontractor, laborer and materialman, arising out of the improvement..." 3
4 13. The Stipulation Recitals ~E (Ex. 1) states: "Prior to the Petition date, FCSB was holding cash, presently totaling $383,040.79, representing balance of insurance proceeds ("the Cash Proceeds") for damages arising from Hurricane Sandy and fire losses to a number of the respective properties consisting of the Premises." 14. Prior to bankruptcy LBMC entered in several trade contracts to repair the damage caused by Hurricane Sandy and restore amongst other properties 415 & 425 State Street to their pre Sandy or better condition. One of the trade contractors was PEC acting as Construction Manager for LBMC in connection with, amongst other properties, 415 & 425 State Street (Ex. 3). 15. FCSB is still in possession of the $383, Cash Proceeds which represent the balance of insurance proceeds [Stipulation Recitals ~E (Ex. 1)] which per Lien Law 70(5)(f) are trust assets, and per Lien Law 70(3) make up a segregated Lien Law Article 3-A Trust Fund on behalf of the Article 3-A claimants listed as Secured Creditors on Schedule D (Ex. 2) with claims for payment for performing work on 415 & 425 State Street totaling approximately $264,700. The only sum to which FCSB may be entitled is the remainder of said Trust Fund after the trade contractors (Trust Fund Beneficiaries) are paid in full for the work performed. 16. As such, all or at least $264, 700 of the Cash Proceeds (insurance proceeds) are Owner Article 3-A Trust Funds being held by FCSB to the extent needed to pay the trade contractors including PEC on 415 & 425 State Street and are not part of the bankrupt estate. 17. Contrary to Stipulation Recitals ~F (Ex. 1) no agreement between the Owner and FCSB per the terms of the Blanket Mortgage can convert the Owner Article 4
5 3-A trust asset insurance proceeds into funds to reduce the FCSB unpaid balance of the Consolidated Promissory Note. Such would destroy the purpose of the Lien Law to protect those such as PEC who have improved real property. (Lien Law 3, ). PEC is a Lien Law Article 3-A Beneficiary and Secured Creditor as to $ of the Cash Proceeds 18. On July 5, 2013 PEC filed a mechanic's lien against 415 State Street for the sum of $16, and against 425 State Street for the sum of $21, On April 23, 2014, PEC filed a Proof of Claim as to 415 State Street for the sum of $16, (Ex. 4) and against 425 State Street for the sum of $21, (Ex. 5) totaling $38, Exhibits 4 and 5 contain copies of said mechanic's liens. See Lien Law 71(4) "Persons having claims for payment of amounts for which the trustee is authorized to use trust assets as provided in this section are beneficiaries of the trust... Where an owner becomes obligated to incur an expenditure as part of the cost of improvement any person to whom he is so obligated is a beneficiary." The Cash Proceeds to the extent of at least $264, 700 Cannot Be Applied by FCSB in Reduction of the Unpaid Balance of the Consolidated Promissory Note. 19. Contrary to Stipulation Recitals ~F (Ex. 1 ) at least $264,700 of the Cash Proceeds are for payment of the work to repair the damage caused by Hurricane Sandy and restore 415 & 425 State Street to their pre Sandy or better condition. 20. As 415 & 425 State Street were fully restored to their pre Sandy or better condition FCSB suffered no damages for which at least $264, 700 of the Cash Proceeds received cannot be applied by FCSB in reduction of the unpaid balance of the Consolidated Promissory Note. 5
6 The Stipulation (Ex. 1) should not be settled and signed As such permits an Unjust Enrichment for FCSB to The Detriment ofjhe Trade Contractors on 415 & 425 State Street 21. By referring to notes, loans and agreements betwe~n LBMC and FCSB and not providing copies of such documents supporting the Recitals in the Stipulation (Ex.1) to the court with copies to other parties the Court should reject the Stipulation. 22. PEC was the Construction Manager for LBMC as to the repair of damages causeq by Hurricane Sandy as 415 and 425 State Street and restore 415 & 425 State Street to their pre Sandy or better condition (accompanying affidavit of James Wojcik ("Wojcik Aff'd 1f5"). 23. FCSB inspected the work during the restoration. (Wojcik Affd" 1f6). 24. LBMC informed PEC that FCSB would release the insurance proceeds to pay the trade contractors when the restoration work was completed (Wojcik Affd" 1f7). 25. The restoration work on 415 and 425 State Street is completed and the properties are back to their pre Sandy or better condition with new appliances, new mechanical equipment, new floors, new walls & ceilings etc. (Wojcik Aff'd",-is). 26. Prior to bankruptcy PEC was informed by FCSB that a final inspection was being scheduled by FCSB upon which payment from the insurance funds already received was to be made (Wojcik Aff'd",-i9). 27. Having restored FSCB's collat(3ral as to 415 and 425 State Street for its loan as to pre Sandy or better condition FCSB has incurred no loss or damages and to permit FCSB to have the restored full value of its collateral and an additional amount of at least $264,700 of the Cash Proceeds (insurance proceeds) applied in reduction of the unpaid balance of the Consolidated Promissory Note constitutes an unjust 6
7 enrichment to FCSB to the detriment of the Schedule D Secured Creditor Trade Contractors which include PEC (Wojcik Aff'd" ~10). 28. Moreover allowing FCSB to use the insurance proceed~ for its own benefit would be a diminution in the protection given by the Lien Law to contractor Lien Law Trust beneficiaries such as PEC who provide improvement to real property. 29. For the above reasons the Stipulation (Ex.1) should.not be settled and signed. I declare under perjury that the foregoing is true and correct. February f'fj, 2015 _. /s/steven.g. Rubin Steven G. Rubin (25380) 7
8 UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK --,.,--,.,----..,--, ,-.-, --.-, ,..x. In re: : ~ LONG BEACH MEDICAL CENTER, et al., Debtors.~ f Chapter 11 Case No (ast) (Jointly Administered) Affidavit of Objection State of New York) County of Suffolk ). ' James Wojcik being.duly sworn deposes and says: 1. I am the president of Park East Construction Corp. ("PEC") 2. I make this affidavit in support of PEC's objection to the Notice of Presentment of Stipulation (Ex, 1) for settlement and signature to the Hon. Alan S. Trust. 3. Prior to bankruptcy LBMC entered in several trade contracts to repair the damage caused by Hurricane Sandy and restore the Premises induding 415 & 425 State Street to their pre Sandy or better condition. One of the trade contractors was PEC acting as Construction Manager for LBMC in connection with, amongst other properties, 415 & 425 State Street. The LBMC and PEC Construction Manager Contract (without the standard AIA general conditions) is attached as Ex Contrary to Stipulation Recitals ~F (Ex. 1 ) at least $264,700 of the Cash 1
9 Proceeds (insurance proceeds) are for payment of the work to repair the damage caused by Hurricane Sandy and restore 415 & 425 State Street to their pre Sandy or better condition. 5. PEC was the Construction Manager for LBMC as to the repair of damage.s caused by Hurricane Sandy as 415 and 425 State Street and restore 415 & 425 State Street to their pre Sandy or better condition. 6. FCSB inspected the work during the restoration. 7. LBMC informed PEC that FCSB would release the insurance proceeds to pay the trade contractors when the restoration work was completed (Wojcik Aff'd" W). 8. The restoration work on 415 and 425 State Street is completed and the properties are back to their pre Sandy or better condition with new appliances, new mechanical equipment, new floors, new walls & ceilings etc. 9. Prior to bankruptcy PEC was informed by FCSB that a final inspection was being scheduled by FCSB upon which payment from the insurance funds already received was to be made. 10. Having restored FSCB's collateral as to 415 and 425 State Street for its loan as to pre Sandy or better condition FCSB has incurred no loss or damages and to permit FCSB to have the restored full value of its collateral and an additional amount of at least $264,700 of the Cash Proceeds applied in reduction of the unpaid balance of the Consolidated Promiss.ory Note constitutes an unjust enrichment to FCSB to the detriment of the Schedule D Secured Creditor Trade Contractors which include PEC. 2
10 11. For the above reasons and as per the Lien Law (see Declaration of Steven G. Rubin, Esq.) the Stipulation (Ex.1) should not be settled and signed. Darlene Leibrock Notary Public stute;, ~r N~ Yori< <;:ourit)t. or ~roeno Comniiss!o.n J??:prnc,:t;; ~ ,.< O I/ No. 01 E<S2Q4353 3
11 Certificate of Service I, Steven G. Rubin, hereby certify that on February 12, 2015, the within Declaration in Objection of Park East Construction Corp. Schedule D Creditor Holding Secured Claims by Steven G. Rubin dated February 10, 2015 and Affidavit of Objection of James Wokcik sworn to on February 10, 2015 with exhibits attached thereto was served by electronic filing with the Clerk of the Court on the attorneys and parties appearing in the Chapter 11 Bankruptcy proceeding pursuant to the United States District Court for the Eastern District of New York Rules on Electronic Service and by mail on the attorneys listed on the attached schedule....is/ Steven G. Rubin. Steven G. Rubin & Assoc. P.C. Attorneys for Park East Construction Corp. Schedule D Creditor Holding Secured Claims 100 Quentin Roosevelt Boulevard, Suite 506 Garden City, New York Tel: (516) 336":2684 Fax: (516) File No / ~-- -
12 Schedule. Arthur Goldstein, Esq. Spizz Cohen & Setchuk, P.C. Attorneys for First Central Savings Bank 425 Park Avenue New York, New York (212) Garfunkel Wild, P.C. Attorneys for Debtors and Debtors in Possession 111 Great Neck Road Great Neck, New York (516) Attn: Burton Weston, Esq. Afsheen Shah, Esq. Adam T. Berkowitz, Esq. Klestadt Winters Jureller Southard & Stevens, LLP 570 Seventh Avenue, 17 1 h Floor New York, New York (212) j
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Case 16-23458-JAD Doc 22 Filed 09/30/16 Entered 09/30/16 16:50:46 Desc Main Document Page 1 of 11 IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA IN RE: ) Case No. 16-23458-JAD
I, Erin R. Fay, counsel for the debtors and debtors in possession in the abovecaptioned
IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ------------------------------------------------------x In re : Chapter 11 : WP Steel Venture LLC, et al., 1 : Case No. 12-11661 (KJC
Case MFW Doc 665 Filed 04/27/16 Page 1 of 2 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE.
Case 16-10223-MFW Doc 665 Filed 04/27/16 Page 1 of 2 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: RCS CAPITAL CORPORATION, et al., Debtors. 1 Chapter 11 Case No. 16-10223 (MFW)
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AFFIDAVIT OF FINANCIAL CONDITION. , being duly sworn, deposes and says: A. I am over the age of 21 years and reside at:.
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Case: HJB Doc #: 1726 Filed: 04/29/15 Desc: Main Document Page 1 of 2 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW HAMPSHIRE : :
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Case reg Doc 1076 Filed 04/27/18 Entered 04/27/18 15:10:04
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Upon the annexed Application (the "Application") of SUFFOLK READY MIX, LLC,
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OFFICIAL LOCAL FORM 3A UNITED STATES BANKRUPTCY COURT DISTRICT OF MASSACHUSETTS POST-CONFIRMATION AMENDED CHAPTER 13 PLAN
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PLEASE CAREFULLY REVIEW THIS OBJECTION AND THE ATTACHMENTS HERETO TO DETERMINE WHETHER THIS OBJECTION AFFECTS YOUR CLAIMS. SUBSTANTIVE RIGHTS MAY BE AFFECTED BY THIS OBJECTION. IN THE UNITED STATES BANKRUPTCY
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CAUSE NO. IN THE GUARDIANSHIP OF IN THE COUNTY COURT OF RANDALL COUNTY, TEXAS ANNUAL ACCOUNTING FOR THE PERIOD THROUGH TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES, (Administrator or Guardian) herein,
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