Adversary Proceeding
Lead BK case is: 8:22-bk-71582

New York Eastern Bankruptcy Court
Chapter 13
Judge:Alan S Trust
Case #: 8:22-ap-08071
Nature of Suit67 Bankruptcy - Dischargeability - §523(a)(4), fraud as fiduciary, embezzlement, larceny
62 Bankruptcy - Dischargeability - §523(a)(2), false pretenses, false representation, actual fraud
Case Filed:Sep 08, 2022
Terminated:Mar 29, 2023
Last checked: never
Defendant
Kim A Kelly
38 Grace Lane
Levittown, NY 11756
Represented By
Kim A Kelly
contact info
Plaintiff
Alexandre B. de Moura P.C.
Represented By
Cooper J Macco
contact info


Docket last updated: 04/25/2025 1:08 PM EDT
Wednesday, March 29, 2023
court Close Adversary Case Wed 03/29 10:07 AM
Adversary Case 8:22-ap-8071 Closed (dnb)
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Monday, February 13, 2023
9 9 order Compromise Controversy (Settle Adversary) Mon 02/13 2:41 PM
Order Granting Motion, Approving Settlement Agreement dated December 14, 2022, by and between the Plaintiff and Defendant. Plaintiff is authorized to bifurcate the Claim into (2) separate claims as follows: (i) a claim in the amount of $210,853.65 (the Insurance Claim); and (b) a claim in the amount of $222,420.35. The Insurance Claim and Unpaid Claim shall be deemed timely and allowed; the debt underlying the Insurance Balance, less any payments received from the Trustee during the pendency of this chapter 13 case, shall be non-dischargeable pursuant to Bankruptcy Code §523. Clerk of the Court is directed to close the adversary proceeding Related [+]. SO ORDERED on 2/13/2023. (dnb)
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Thursday, February 09, 2023
8 8 misc Affidavit Thu 02/09 4:06 PM
Affidavit Re: EDNY Local Rule 4007-1 Filed by Cooper J Macco on behalf of Alexandre B. de Moura P.C. Related [+] (Macco, Cooper)
Related: [-] 6 Motion to Compromise Controversy filed by Plaintiff Alexandre B. de Moura P.C.,7 Motion to Compromise Controversy filed by Plaintiff Alexandre B. de Moura P.C.
Tuesday, February 07, 2023
court zMinute Entry - Hearing Held (Document BK & AP) Tue 02/07 3:15 PM
Hearing Held; Appearances: Scott R Schneider, Cooper J Macco. Related [+] MOTION GRANTED AS PER TERMS STATED ON THE RECORD - SUBMIT SETTLEMENT ORDER; IF THE PROPOSED ORDER IS NOT SUBMITTED OR SETTLED AS DIRECTED WITHIN 14 DAYS, THE MATTER MAY BE DEEMED ABANDONED PURSUANT TO E.D.N.Y. L.B.R. 9072-1. (ymm)
Related: [-] 7 Motion to Compromise Controversy Filed by Plaintiff Alexandre B. de Moura P.C.
Wednesday, January 25, 2023
7 7 motion Compromise Controversy Wed 01/25 2:06 PM
Amended Motion to Compromise Controversy . Objections to be filed on 1/31/2023. Filed by Cooper J Macco on behalf of Alexandre B. de Moura P.C. Related [+]. Hearing scheduled for 2/7/2023 at 02:00 PM at Courtroom 960 (Judge Trust), CI, NY. (Macco, Cooper)
Related: [-] 6 Motion to Compromise Controversy filed by Plaintiff Alexandre B. de Moura P.C.
Wednesday, January 04, 2023
6 6 motion Compromise Controversy (Settle Adversary) Wed 01/04 3:03 PM
Motion to Compromise Controversy Filed by Cooper J Macco on behalf of Alexandre B. de Moura P.C.. Hearing scheduled for 2/7/2023 at 10:30 AM at Courtroom 960 (Judge Trust), CI, NY. (Macco, Cooper) Advised counsel to file an amended notice of motion or do by presentment and the hearing for 10:30 am will be marked off (ymm)
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Thursday, October 06, 2022
5 5 answer Answer to Complaint Thu 10/06 4:50 PM
Answer to Complaint Filed by Scott R Schneider on behalf of Kim A Kelly (Schneider, Scott)
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Friday, September 09, 2022
4 4 cmp Summons Service Executed Fri 09/09 2:43 PM
Summons Served on Kim A Kelly 9/9/2022 . (Macco, Cooper)
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Thursday, September 08, 2022
3 3 misc Adversary Cover Sheet Thu 09/08 11:20 AM
Adversary Cover Sheet Filed by Cooper J Macco on behalf of Alexandre B. de Moura P.C. (Macco, Cooper)
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2 2 cmp Summons In An Adversary Proceeding (Judge Trust and Judge Scarcella) (Auto) Thu 09/08 10:59 AM
Summons In An Adversary Proceeding Issued by Clerk's Office against Kim A Kelly Answer Due: 10/11/2022 (one)
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1 1 cmp Complaint Thu 09/08 10:19 AM
Adversary case 8 22-08071 Complaint by Alexandre B. de Moura P.C. against Kim A Kelly. Fee Amount $350. Nature(s) of Suit: (62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)), (67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny)). (Macco, Cooper)
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Att: 1 Complaint
Att: 2 Exhibit
Att: 3 Exhibit