§Why CasetextPricing

In Re: Hoti Enterprises, L.P.

MEMORANDUM DECISION:The bankruptcy court's June 19, 2012, Confirmation Order and July 16, 2012, Reconsideration Order are AFFIRMED. GECMC's motions to dismiss the August 10 Contempt Order, September 14 Contempt Order, and Chapter 11 Trustee Order are GRANTED with prejudice. GECMC's motion to dismiss the December 5 Contempt Order is GRANTED with prejudice as to the debtors and individuals Violeta Dedvukaj, Marash Dedvukaj, Gjelosh Dedvukaj, and Maruka Dedvukaj, and DENIED as to Victor Dedvukaj. Upon consideration of the merits of Mr. Dedvukajs appeal from the December 5 Contempt Order, the Court AFFIRMS the decision of the bankruptcy court. The Clerk is instructed to terminate these appeals and close these cases.

44 Cited authorities

  1. Winter v. Natural Res. Def. Council, Inc.

    555 U.S. 7 (2008)   Cited 16,904 times   61 Legal Analyses
    Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"

  2. Exxon Mobil Corp. v. Saudi Basic Industries Corp.

    544 U.S. 280 (2005)   Cited 8,062 times   5 Legal Analyses
    Holding that the Rooker-Feldman doctrine bars "cases brought by state-court losers complaining of injuries caused by state-court judgments rendered before the district court proceedings commenced and inviting district court review and rejection of those judgments"

  3. Chambers v. Nasco, Inc.

    501 U.S. 32 (1991)   Cited 9,253 times   14 Legal Analyses
    Holding that courts "may bar from the courtroom a criminal defendant who disrupts a trial" may "assess attorney fees when a party has acted in bad faith, vexatiously, wantonly, or for oppressive reasons," and "may act sua sponte to dismiss a suit for failure to prosecute"

  4. D.C. Court of Appeals v. Feldman

    460 U.S. 462 (1983)   Cited 10,600 times   4 Legal Analyses
    Holding plaintiffs’ claims that the state court acted arbitrarily and capriciously in denying plaintiffs’ petitions for waiver were inextricably intertwined with the state-court judgment denying their petitions

  5. Allen v. McCurry

    449 U.S. 90 (1980)   Cited 5,770 times   3 Legal Analyses
    Holding that under res judicata, parties may not "relitigat[e] issues that were or could have been raised" in a prior action

  6. Triestman v. Federal Bureau of Prisons

    470 F.3d 471 (2d Cir. 2006)   Cited 7,726 times
    Holding that the discretionary function doctrine does not shield a "BOP employee's failure to perform a diligent inspection out of laziness, hastiness, or inattentiveness"

  7. Arizona v. California

    530 U.S. 392 (2000)   Cited 837 times
    Holding that res judicata did not bar certain claims stemming from reservation boundary disputes

  8. Caidor v. Onondaga County

    266 F. App'x 33 (2d Cir. 2008)   Cited 1,893 times
    Holding that pro se litigants must comply with procedural rules

  9. Burgos v. Hopkins

    14 F.3d 787 (2d Cir. 1994)   Cited 3,233 times
    Holding that under New York law, res judicata does not bar an action presenting the same claim where "the initial forum did not have the power to award the full measure of relief sought in the later litigation"

  10. Rooker v. Fidelity Trust Co.

    263 U.S. 413 (1923)   Cited 9,788 times   3 Legal Analyses
    Holding that federal suit was "merely an attempt to get rid of the judgment for alleged errors of law committed" by the state courts

  11. Rule 59 - New Trial; Altering or Amending a Judgment

    Fed. R. Civ. P. 59   Cited 43,675 times   67 Legal Analyses
    Allowing a party to move to alter or amend a judgment "no later than 28 days after the entry of the judgment"

  12. Section 158 - Appeals

    28 U.S.C. § 158   Cited 18,155 times   57 Legal Analyses
    Granting district courts appellate jurisdiction over "final judgments, orders, and decrees" of bankruptcy courts

  13. Section 1654 - Appearance personally or by counsel

    28 U.S.C. § 1654   Cited 4,859 times   11 Legal Analyses
    Granting defendants in federal cases the statutory right to self-representation

  14. Rule 8013 - Motions; Intervention

    Fed. R. Bankr. P. 8013   Cited 3,416 times
    Stating that "[f]indings of fact, whether based on oral or documentary evidence, shall not be set aside unless clearly erroneous"

  15. Section 1141 - Effect of confirmation

    11 U.S.C. § 1141   Cited 2,716 times   25 Legal Analyses
    Granting discharge to Chapter 11 debtor upon confirmation except as otherwise provided for in the plan

  16. Section 1101 - Definitions for this chapter

    11 U.S.C. § 1101   Cited 1,804 times   6 Legal Analyses
    Requiring only the “commencement of distribution under the plan”

  17. Rule 8001 - Scope of Part VIII Rules; Definition of "BAP"; Method of Transmission

    Fed. R. Bankr. P. 8001   Cited 1,339 times
    Governing appeals pursuant to 28 U.S.C. §§ 158 and

  18. Section 1104 - Appointment of trustee or examiner

    11 U.S.C. § 1104   Cited 1,120 times   9 Legal Analyses
    Providing for appointment of trustee in chapter 11 proceeding only in certain circumstances

  19. Rule 2014 - Employment of Professional Persons

    Fed. R. Bankr. P. 2014   Cited 734 times
    Requiring that an application to employ "state . . . all of the person's connections with . . . [the debtor's] attorneys"

  20. Section 1142 - Implementation of plan

    11 U.S.C. § 1142   Cited 418 times
    Granting bankruptcy court limited power after confirmation "to direct the debtor and any other necessary party to execute or deliver or to join in the execution or delivery of any instrument required to effect a transfer of property dealt with by a confirmed plan, and to perform any other act, including the satisfaction of any lien, that is necessary for the consummation of the plan"