Stanziale, Jr. v. American Express Company et al
Adversary Proceeding
Lead BK case is: 2:22-bk-10462
Lead BK case is: 2:22-bk-10462
| New Jersey Bankruptcy Court | |
| Chapter 7 | |
| Judge: | John K Sherwood |
| Case #: | 2:24-ap-01036 |
| Nature of Suit | 2 Bankruptcy - Other 13 Bankruptcy - Recovery of money/property - §548 fraudulent transfer |
| Case Filed: | Jan 18, 2024 |
| Terminated: | Nov 21, 2024 |
| Last checked: never |
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Defendant
American Express Company
820 Bear Tavern Road
West Trenton, NJ 08628 |
Represented By
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Defendant
American Express Travel Related Services Company, Inc.
820 Bear Tavern Road
West Trenton, NJ 08628 |
Represented By
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Defendant
American Express National Bank
820 Bear Tavern Road
West Trenton, NJ 08626 |
Represented By
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Defendant
Stephen Earl
143 Via Napoli
Naples, FL 34105 |
Represented By
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Defendant
Jonathan Earl
298 Park Street
Montclair, NJ 07043 |
Represented By
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Defendant
David Earl
11 Dickson Drive
Westfield, NJ 07090 |
Represented By
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Plaintiff
Benjamin A. Stanziale, Jr.
Stanzial & Stanzial PC 2839 Route 10 Suite 102
Morris Plains, NJ 07950 |
Represented By
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| Docket last updated: 04/01/2025 1:08 PM EDT |
| Thursday, November 21, 2024 | ||
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utility
Close Adversary Case
Thu 11/21 8:22 AM
Adversary Case (2:24-ap-1036) Closed. (zlh) |
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| Wednesday, November 20, 2024 | ||
| 31 | 31
misc
Stipulation Dismissal in an Adversary Proceeding
Wed 11/20 3:24 PM
Stipulated Dismissal in an Adversary Proceeding filed by Bruce S. Etterman on behalf of Benjamin A. Stanziale Jr.. (Etterman, Bruce) |
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| Friday, November 01, 2024 | ||
| 30 | 30
court
BNC Certificate of Notice - Order
Sat 11/02 12:14 AM
BNC Certificate of Notice - Order No. of Notices: 4. Notice Date 11/01/2024. (Admin.) |
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| Wednesday, October 30, 2024 | ||
| 29 | 29
order
Approve Compromise Under Rule 9019
Wed 10/30 1:46 PM
Order Granting Motion to Approve Compromise under Rule 9019 . Service of notice of the entry of this order pursuant to Rule 9022 was made on the appropriate parties. See BNC Certificate of Notice. Signed on 10/30/2024. (zlh) |
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| Tuesday, October 29, 2024 | ||
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court
Hearing Held
Tue 10/29 3:02 PM
Minute of Hearing Held, OUTCOME: Matter To Be Decided on the Papers (mff) |
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| Wednesday, October 23, 2024 | ||
| 28 | 28
court
Certification of No Objection
Wed 10/23 11:07 AM
Certification of No Objection in re: Settlement of Controversy. . The Clerk hereby certifies that no objection to this Notice of Information has been filed. (dlr) |
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| Wednesday, September 25, 2024 | ||
| 27 | 27
court
BNC Certificate of Notice (generic)
Thu 09/26 12:15 AM
BNC Certificate of Notice. No. of Notices: 7. Notice Date 09/25/2024. (Admin.) |
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| Tuesday, September 24, 2024 | ||
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court
Hearing Held
Tue 09/24 8:32 AM
Minute of Hearing Held, OUTCOME: Settled (zlh) |
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| Monday, September 23, 2024 | ||
| 26 | 26
misc
Notice of Proposed Compromise or Settlement of Controversy
Mon 09/23 11:03 AM
Notice of Proposed Compromise or Settlement of Controversy re: The settled adversary proceedings were principally constructive fraudulent transfer actions related to: payments made by Merit on credit card accounts with one or more of the several defendant American Express entities (collectively, Amex), Adv. Pro. No. 24-01035 payments made by Merit on credit card accounts with JPMorgan Chase Bank, N.A. (Chase), Adv. Pro. No. 24-01034 and payments made by Quality on credit card accounts with Amex, Adv. Pro. No. 24-01036 In addition to the fraudulent transfer claims against Amex and Chase, these adversary proceedings included claims against the Earl defendants (Jonathan, David, Stephen, and Sandra), who were principals or family members of principals of these Debtors, based on the same fraudulent transfers to Amex or Chase (as well as appended state law claims based on the same transactions). In addition, the adversary proceeding against Amex in the Merit case also included fraudulent transfer claims against the Earl defendants that go beyond those against Amex. The fraudulent transfer claims rely upon N.J.S.A. 25:2-25(a)(2) and N.J.S.A 25:2-27(a) under state law, and 11 U.S.C. §§544 and 548.. Hearing scheduled for 10/29/2024 at 10:00 a.m. Filed by Patricia A. Staiano on behalf of Benjamin A. Stanziale Jr.. Objections due by 10/22/2024. (Staiano, Patricia) |
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| 25 | 25
motion
Approve Compromise or Settlement Under Rule 9019
Mon 09/23 10:59 AM
Motion to Approve Compromise or Settlement under Rule 9019 Filed by Benjamin A. Stanziale Jr..Hearing scheduled for 10/29/2024 at 10:00 AM at JKS - Courtroom 3D, Newark. (Staiano, Patricia) |
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Att: 1
Certification in Support of Motion to Approve Settlement of Adversary Proceeding
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Att: 2
Exhibit A to Certification
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Att: 3
Letter Memorandum
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Att: 4
Certificate of Service
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Att: 5
Proposed Order
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| Thursday, August 22, 2024 | ||
| 24 | 24
misc
Mediation Report
Thu 08/22 4:17 PM
Mediation Report filed by John S. Mairo on behalf of John S. Mairo (Mediator). (Mairo, John) |
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| Thursday, July 18, 2024 | ||
| 23 | 23
misc
Change of Address
Thu 07/18 3:45 PM
Change of Address for Jonathan Earl, Defendant From: 298 Park Street, Montclair, NJ 07043-2211 To: 335 Walnut Ave., Cranford, NJ 07016 filed by Bruce S. Etterman on behalf of Benjamin A. Stanziale Jr.. (Etterman, Bruce) |
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| Tuesday, July 02, 2024 | ||
| 22 | 22
court
Determination of Adjournment Request
Tue 07/02 12:26 PM
Determination of Adjournment Request Granted. Hearing will be adjourned to September 24, 2024 at 2:00 p.m. (zlh) |
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court
Hearing Rescheduled (Document)
Tue 07/02 12:29 PM
Hearing Rescheduled from July 23, 2024 Pre-Trial hearing to be held on 09/24/2024 at 02:00 PM at JKS - Courtroom 3D, Newark. (zlh) |
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| Friday, June 21, 2024 | ||
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court
Notice of Returned Mail
Mon 06/24 2:43 PM
Returned Mail Notice. The court has received notification that the US Postal Service has determined that the following parties have an address that is undeliverable: Notice Recipient's Address on Envelope Returned to the Bankruptcy Noticing Center: Jonathan Earl 298 Park Street Montclair, NJ 07043-2211 , (JDM) |
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| Saturday, June 08, 2024 | ||
| 21 | 21
court
BNC Certificate of Notice - Order
Sun 06/09 12:19 AM
BNC Certificate of Notice - Order No. of Notices: 3. Notice Date 06/08/2024. (Admin.) |
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| Thursday, June 06, 2024 | ||
| 20 | 20
order
Mediation Order
Thu 06/06 11:54 AM
Mediation Order. John S. Mairo (Mediator) added to the case. Service of notice of the entry of this order pursuant to Rule 9022 was made on the appropriate parties. See BNC Certificate of Notice. Signed on 6/6/2024 (zlh) |
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| Monday, April 29, 2024 | ||
| 19 | 19
answer
Answer to Crossclaim
Mon 04/29 10:50 AM
Answer to Crossclaim filed by Louis Anthony Modugno on behalf of David Earl, Jonathan Earl, Stephen Earl. (Modugno, Louis) |
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| Friday, April 12, 2024 | ||
| 18 | 18
court
Determination of Adjournment Request
Fri 04/12 5:38 PM
Determination of Adjournment Request Granted. Hearing will be adjourned to July 23, 2024 at 2:00 PM. (mff) |
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| 17 | 17
answer
Answer to Amended Complaint
Fri 04/12 1:47 PM
Answer to Amended Complaint filed by Louis Anthony Modugno on behalf of David Earl, Jonathan Earl, Stephen Earl. (Modugno, Louis) |
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| 16 | 16
misc
Stipulation
Fri 04/12 10:17 AM
Stipulation Between David Earl, Jonathan Earl, Stephen Earl and Benjamin A. Stanziale, Jr., Plaintiff and Chapter 7 Trustee, re:extending time for Stephen Earl, Jonathan Earl, and David Earl to Answer Plaintiff's Amended Adversary Complaint filed by Louis Anthony Modugno on behalf of David Earl, Jonathan Earl, Stephen Earl. (Modugno, Louis) |
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court
Hearing Rescheduled (Document)
Fri 04/12 5:41 PM
Hearing Rescheduled from 4/23/2024 Hearing scheduled for 07/23/2024 at 02:00 PM at JKS - Courtroom 3D, Newark. (mff) |
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| Tuesday, April 09, 2024 | ||
| 15 | 15
misc
Certificate of Service
Tue 04/09 11:33 AM
Certificate of Service filed by Ross J. Switkes on behalf of American Express Company, American Express National Bank, American Express Travel Related Services Company, Inc.. (Switkes, Ross) |
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| Friday, April 05, 2024 | ||
| 14 | 14
answer|cmp
Answer to Amended Complaint|Crossclaim
Fri 04/05 12:36 PM
Answer to Amended Complaint filed by Ross J. Switkes on behalf of American Express Company, American Express National Bank, American Express Travel Related Services Company, Inc., Crossclaim by Ross J. Switkes on behalf of American Express Company, American Express National Bank, American Express Travel Related Services Company, Inc. against David Earl, Jonathan Earl, Stephen Earl. (Switkes, Ross) |
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| Tuesday, March 12, 2024 | ||
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utility
Set/Reset/Satisfy Deadline(s) - Adversary Answer
Tue 03/12 8:40 AM
Answer Deadline Set/Reset/Satisfied . Answer due by 4/5/2024. (zlh) |
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| Monday, March 11, 2024 | ||
| 13 | 13
misc
Status Change Form
Mon 03/11 3:38 PM
Status Change Form. The matter has been withdrawn, re filed by Ross J. Switkes on behalf of American Express Company, American Express National Bank, American Express Travel Related Services Company, Inc.. (Switkes, Ross) |
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| 12 | 12
misc
Stipulation
Mon 03/11 3:35 PM
Stipulation Between American Express Company, American Express National Bank, American Express Travel Related Services Company, Inc. and Benjamin A. Stanziale, Jr., Chapter 7 Trustee, re: Extending Time to Respond to Amended Complain filed by Ross J. Switkes on behalf of American Express Company, American Express National Bank, American Express Travel Related Services Company, Inc.. (Switkes, Ross) |
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court
Hearing Withdrawn (Document)
Mon 03/11 4:01 PM
Hearing Withdrawn (zlh) |
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| Friday, March 08, 2024 | ||
| 11 | 11
cmp
Amended Complaint
Fri 03/08 9:29 AM
Amended Complaint Filed by Patricia A. Staiano on behalf of Benjamin A. Stanziale Jr.. Reason for amendment: in response to motion to dismiss adding additional factual allegations. (Staiano, Patricia) |
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Att: 1
Exhibit A
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| Thursday, February 29, 2024 | ||
| 10 | 10
court
Determination of Adjournment Request
Thu 02/29 3:34 PM
Determination of Adjournment Request Granted. Hearing will be adjourned to April 2, 2024 @ 10:00. (zlh) |
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court
Hearing Rescheduled (Document)
Thu 02/29 3:35 PM
Hearing Rescheduled from March 12, 2024 Hearing scheduled for 04/02/2024 at 10:00 AM at JKS - Courtroom 3D, Newark. (zlh) |
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| Monday, February 26, 2024 | ||
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court
Hearing Rescheduled (Document)
Mon 02/26 9:31 AM
Hearing Rescheduled from Apri 24, 2024 |
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| Monday, February 19, 2024 | ||
| 9 | 9
misc
Notice of Appearance and Request
Mon 02/19 3:05 PM
Notice of Appearance and Request for Service of Notice filed by Bruce S. Luckman on behalf of American Express Company, American Express National Bank, American Express Travel Related Services Company, Inc.. (Luckman, Bruce) |
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| 8 | 8
motion
Dismiss Adversary Proceeding
Mon 02/19 2:58 PM
Motion to Dismiss Adversary Proceeding Filed by American Express Company, American Express National Bank, American Express Travel Related Services Company, Inc..Hearing scheduled for 3/12/2024 at 10:00 AM at JKS - Courtroom 3D, Newark. (Switkes, Ross) |
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Att: 1
Memorandum of Law
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Att: 2
Proposed Order
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Att: 3
Certificate of Service
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| Tuesday, January 30, 2024 | ||
| 7 | 7
misc
Notice of Appearance and Request
Tue 01/30 4:47 PM
Notice of Appearance and Request for Service of Notice filed by Louis A. Modugno on behalf of David Earl, Jonathan Earl, Stephen Earl. (Modugno, Louis) |
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| Monday, January 22, 2024 | ||
| 6 | 6
court
Summons Issued
Mon 01/22 9:12 AM
Summons Issued to Benjamin A. Stanziale Jr for Service on American Express Company Answer due on 2/21/2024; American Express National Bank Answer due on 2/21/2024; American Express Travel Related Services Company, Inc. Answer due on 2/21/2024; David Earl Answer due on 2/21/2024; Jonathan Earl Answer due on 2/21/2024; Stephen Earl Answer due on 2/21/2024 Pre-Trial hearing to be held on 4/24/2024 at 02:00 PM at JKS - Courtroom 3D, Newark. (dlr) |
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Att: 1
Pre Trial Instructions
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| 5 | 5
court
Summons Issued
Mon 01/22 9:08 AM
***WITHDRAWN***Summons Issued to Benjamin A. Stanziale Jr for Service on American Express Company Answer due on 2/21/2024; American Express National Bank Answer due on 2/21/2024; American Express Travel Related Services Company, Inc. Answer due on 2/21/2024; David Earl Answer due on 2/21/2024; Jonathan Earl Answer due on 2/21/2024; Stephen Earl Answer due on 2/21/2024 Pre-Trial hearing to be held on 1/24/2024 at 02:00 PM at JKS - Courtroom 3D, Newark. (dlr) Modified on 1/22/2024 (dlr) |
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Att: 1
Pre Trial Instructions
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court
Notice of Docketing Error
Mon 01/22 8:44 AM
Correction Notice in Electronic Filing .. Type of Error: INCORRECT CASE NUMBERS, filed by THE COURT. (dlr) |
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court
Hearing Withdrawn (Document)
Mon 01/22 9:09 AM
Hearing Withdrawn (dlr) |
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| Friday, January 19, 2024 | ||
| 4 | 4
misc
Notice of Appearance and Request
Fri 01/19 4:53 PM
Notice of Appearance and Request for Service of Notice filed by Bruce S. Etterman on behalf of Benjamin A. Stanziale Jr.. (Etterman, Bruce) |
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| 3 | 3
court
Summons Issued
Fri 01/19 12:25 PM
Summons Issued to Benjamin A. Stanziale Jr. for Service on American Express Company Answer due on 2/20/2024; American Express National Bank Answer due on 2/20/2024; American Express Travel Related Services Company, Inc. Answer due on 2/20/2024; David Earl Answer due on 2/20/2024; Jonathan Earl Answer due on 2/20/2024; Stephen Earl Answer due on 2/20/2024 Pre-Trial hearing to be held on 4/23/2024 at 02:00 PM at JKS - Courtroom 3D, Newark. (dlr) |
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Att: 1
Pre Trial Instructions
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| Thursday, January 18, 2024 | ||
| 2 | 2
misc
Certification and Agreement to Pay Filing Fee
Thu 01/18 3:33 PM
Certification and Agreement to Pay Filing Fee filed by Patricia A. Staiano on behalf of Benjamin A. Stanziale Jr.. (Staiano, Patricia) |
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| 1 | 1
cmp
Complaint
Thu 01/18 3:26 PM
Adversary case 24-01036 Complaint by Benjamin A. Stanziale Jr. against American Express Company ; American Express Travel Related Services Company, Inc. ; American Express National Bank ; Stephen Earl ; Jonathan Earl ; David Earl. Receipt Number Est Acct, Fee Amount $ 350.. (13 (Recovery of money/property - 548 fraudulent transfer)) (Staiano, Patricia) |
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Att: 1
Exhibit A
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Att: 2
Summons
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