Fogg v. U.S. Bank National Association et al
Adversary Proceeding
Lead BK case is: 8:19-bk-75940
Lead BK case is: 8:19-bk-75940
| New York Eastern Bankruptcy Court | |
| Chapter 7 | |
| Judge: | Robert E Grossman |
| Case #: | 8:20-ap-08045 |
| Nature of Suit | 81 Bankruptcy - Subordination of claim or interest 21 Bankruptcy - Validity, priority or extent of lien or other interest in property 71 Bankruptcy - Injunctive relief - imposition of stay 91 Bankruptcy - Declaratory judgment 62 Bankruptcy - Dischargeability - §523(a)(2), false pretenses, false representation, actual fraud |
| Case Filed: | Mar 13, 2020 |
| Terminated: | Dec 22, 2020 |
| Last checked: never |
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Defendant
U.S. Bank National Association, As Trustee for Structured Asset Investment Loan Trust, Mortgage Pass-Through-Certificates Series 2005-9
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Represented By
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Defendant
Select Portfolio Servicing Inc.
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Represented By
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Defendant
BNC Mortgage Inc., (Its Successors and/or Assigns)
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Represented By
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Defendant
MERS, (Mortgage Electronic Registration Systems)
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Represented By
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Defendant
Sanford Strenger
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Represented By
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Defendant
Evangelia Boudourakis
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Represented By
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Defendant
John Does 1-100, Jane Does 1-100, Investor(s) 1-100, The names being fictitious and Uknown to plaintiff
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Represented By
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Defendant
Doe Corps 1-100
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Represented By
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Plaintiff
Cecil Leonard Fogg
432 Holly Place
West Hempstead, NY 11552 |
Represented By
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| Docket last updated: 11 hours ago |
| Tuesday, December 22, 2020 | ||
| 22 | 22
order
Dismissing Adversary Proceeding
Tue 12/22 3:50 PM
Order Dismissing Adversary Proceeding as Against Defendants, BNC Mortgage Inc. and Doe Corps 1-100, Investor(s) 1-10; the instant adversary proceeding is void as against BNC Mortgage as having been filed in violation of the automatic stay in the BNC Mortgage bankruptcy case pending in the Southern District of New York (Case No. 09-10137 scc); Signed on 12/22/2020 (rom) |
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court
Close Adversary Case
Tue 12/22 3:53 PM
Adversary Case 8:20-ap-8045 Closed (rom) |
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| Monday, July 06, 2020 | ||
| 21 | 21
order
Generic Order
Fri 07/10 3:06 PM
Order Granting Defendant Motion to Dismiss in its entirety, with prejudice against Evangelia Boudourakis . Signed on 7/6/2020 (dnb) |
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| Wednesday, July 01, 2020 | ||
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court
zMinute Entry - Hearing Held (Case Owned AP)
Wed 07/01 6:29 PM
Hearing Held; Appearance: Justin Krell: Adversary Dismissed. (mtagle) |
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court
zMinute Entry - Hearing Held (Document BK & AP)
Wed 07/01 6:29 PM
Hearing Held; Appearance: Justin Krell: Motion Granted; submit order (mtagle) |
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| Wednesday, June 17, 2020 | ||
| 20 | 20
court
BNC Certificate of Mailing with Application/Notice/Order
Thu 06/18 12:12 AM
BNC Certificate of Mailing with Application/Notice/Order Notice Date 06/17/2020. (Admin.) |
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| Monday, June 15, 2020 | ||
| 19 | 19
order
Generic Order
Mon 06/15 3:59 PM
Order Granting Motion to Dismiss Adversary Complaint in its entirety with prejudice as to Defendant Sanford Strenger . Signed on 6/15/2020 (rom) |
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| Friday, June 12, 2020 | ||
| 18 | 18
motion
Dismiss Case
Fri 06/12 5:02 PM
Motion to Dismiss Case /Adversary Complaint . Objections to be filed on June 24, 2020 at 4:00 p.m.. Filed by Gayle S. Gerson on behalf of Evangelia Boudourakis. Hearing scheduled for 7/1/2020 at 09:30 AM at Courtroom 860 (Judge Grossman), CI, NY. (Gerson, Gayle) |
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Att: 1
Declaration of Gayle S. Gerson in Support of Motion to Dismiss Adversary Complaint Against Evangelia Boudourakis
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Att: 2
Exhibit 1: Adversary Complaint
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Att: 3
Appendix Affidavit of Service
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| Friday, May 22, 2020 | ||
| 17 | 17
notice
Notice of Submission of Proposed Order
Fri 05/22 3:28 PM
Notice of Submission of Proposed Order Filed by Sanford Strenger .(Strenger, Sanford) |
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Att: 1
Certificate of Service
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| Thursday, May 21, 2020 | ||
| 16 | 16
order
Dismiss Adversary Proceeding
Thu 05/21 4:29 PM
Order Granting Motion to Dismiss Adversary Complaint in its entirety with prejudice as to Defendants Mortgage Electronic Registration Systems "MERS", Select Portfolio Servicing Inc., U.S. Bank National Association Signed on 5/21/2020. (rom) |
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| Wednesday, May 20, 2020 | ||
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court
zMinute Entry - Hearing Held and Adjourned (Case Owned AP)
Wed 05/20 2:11 PM
Hearing Held and Adjourned; Appearance: Sanford Strenger, Jim Berg, Garrett Fail, Justin Krell: Pre-Trial Conference set for 07/01/2020 at 09:30 AM at Courtroom 860 (Judge Grossman), CI, NY. (mtagle) |
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court
zMinute Entry - Hearing Held (Document BK & AP)
Wed 05/20 2:12 PM
Hearing Held; Appearance: Sanford Strenger, Jim Berg, Garrett Fail, Justin Krell: Motion Granted with prejudice; submit order (mtagle) |
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court
zMinute Entry - Hearing Held (Document BK & AP)
Wed 05/20 2:13 PM
Hearing Held; Appearance: Sanford Strenger, Jim Berg, Garrett Fail, Justin Krell: Motion Granted ; submit order (mtagle) |
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| Monday, May 18, 2020 | ||
| 15 | 15
notice
Notice of Submission of Proposed Order
Mon 05/18 4:56 PM
Certificate of No Objection with Notice of Submission of Proposed Order Filed by James P. Berg on behalf of MERS, Select Portfolio Servicing Inc., U.S. Bank National Association (Berg, James) Modified on 5/19/2020 (rom) |
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Att: 1
Proposed Order
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Att: 2
Declaration of Service
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| Wednesday, May 13, 2020 | ||
| 14 | 14
notice
Notice of Appearance and Request for Notice
Wed 05/13 4:40 PM
Notice of Appearance and Request for Notice Filed by Justin Slade Krell on behalf of Evangelia Boudourakis (Krell, Justin) |
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| Wednesday, April 15, 2020 | ||
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court
zMinute Entry - Hearing Adjourned Without Hearing (Case Owned AP)
Wed 04/15 5:00 PM
Adjourned Without Hearing Pre-Trial Conference set for 05/20/2020 at 09:30 AM at Courtroom 860 (Judge Grossman), CI, NY. (mtagle) |
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| Tuesday, April 14, 2020 | ||
| 13 | 13
notice
Amended Notice of Motion/Presentment (use to correct date, time or location of a presentment / heari
Tue 04/14 1:03 PM
Amended Notice of Motion/Presentment Filed by Sanford Strenger. Hearing scheduled for 5/20/2020 at 09:30 AM (check with court for location).(Strenger, Sanford) |
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Att: 1
Certificate of Service
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| 12 | 12
misc
Affidavit/Certificate of Service
Tue 04/14 12:56 PM
Affidavit/Certificate of Service Filed by Sanford Strenger on behalf of Sanford Strenger (Strenger, Sanford) |
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| Monday, April 13, 2020 | ||
| 11 | 11
motion
Dismiss Adversary Proceeding
Mon 04/13 4:29 PM
Motion to Dismiss Adversary Proceeding Filed by James P. Berg on behalf of MERS, Select Portfolio Servicing Inc., U.S. Bank National Association. Hearing scheduled for 5/20/2020 at 09:30 AM at Courtroom 860 (Judge Grossman), CI, NY. (Berg, James) |
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Att: 1
Affidavit Declaration in supoort of Motion to Dismiss
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Att: 2
Exhibit A - Note and Mortgage
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Att: 3
Exhibit B - First Assignment
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Att: 4
Exhibit Ex C - Second Assignment
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Att: 5
Exhibit D - Modification
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Att: 6
Exhibit E - Filed Summons and Complaint
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Att: 7
Exhibit F- Affidavits of Service
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Att: 8
Exhibit G - Answer, Cecil Fogg
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Att: 9
Exhibit H - Answer - Perry Fogg
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Att: 10
Exhibit I - NOR Complete - Cecil Fogg
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Att: 11
Exhibit J - NOR Complete Perry Fogg
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Att: 12
Exhibit K - Order of Reference
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Att: 13
Exhibit L - Chase Affidavit
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Att: 14
Exhibit M - Judgment of Foreclosure and Sale
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Att: 15
Exhibit N - Proposed Bankruptcy Plan
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Att: 16
Certificate of Service
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| Thursday, April 09, 2020 | ||
| 10 | 10
notice
Notice of Appearance and Request for Notice
Thu 04/09 4:15 PM
Notice of Appearance and Request for Notice Filed by Sanford Strenger on behalf of Sanford Strenger (Strenger, Sanford) |
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Att: 1
Certificate of Service
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| 9 | 9
motion
Dismiss Adversary Proceeding
Thu 04/09 3:53 PM
Attorney to refile to correct entry, Certificate of service: Motion to Dismiss Adversary Proceeding Filed by Sanford Strenger on behalf of Sanford Strenger. Hearing scheduled for 5/20/2020 at 10:00 AM at Courtroom 860 (Judge Grossman), CI, NY. (Strenger, Sanford) Modified on 4/10/2020 (mtt) |
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| 8 | 8
motion
Dismiss Adversary Proceeding
Thu 04/09 3:50 PM
First Motion to Dismiss Adversary Proceeding Filed by Sanford Strenger on behalf of Sanford Strenger. Hearing scheduled for 5/20/2020 at 09:30 AM at Courtroom 860 (Judge Grossman), CI, NY. (Strenger, Sanford) Modified on 4/10/2020 attorney to notify parties of hearing time is 9:30 a.m. (mtt) |
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Att: 1
Affidavit Affidavit of Sanford Strenger
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Att: 2
Exhibit Exhibit 1 Order of Reference
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Att: 3
Exhibit Exhibit 2 Complaint & Affidavit
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Att: 4
Exhibit Exhibit 3 Judgement of Foreclosure
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Att: 5
Exhibit Exhibit 4 Letter of March 18 to Fogg
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| Wednesday, April 01, 2020 | ||
| 7 | 7
notice
Notice of Appearance and Request for Notice
Wed 04/01 3:47 PM
Notice of Appearance and Request for Notice Filed by James P. Berg on behalf of MERS, Select Portfolio Servicing Inc., U.S. Bank National Association (Berg, James) |
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Att: 1
Affidavit Certificate of Service
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| Monday, March 16, 2020 | ||
| 6 | 6
cmp
Summons Service Executed
Mon 03/16 3:55 PM
Summons Served on BNC Mortgage Inc. 3/16/2020; Evangelia Boudourakis 3/16/2020; MERS 3/16/2020; Select Portfolio Servicing Inc. 3/16/2020; Sanford Strenger 3/16/2020; U.S. Bank National Association 3/16/2020 . (lkg) |
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| 5 | 5
misc
Affidavit/Certificate of Service
Mon 03/16 2:08 PM
[Entered in Error. Please disregard and see below] Affidavit/Certificate of Service Filed by Cecil Leonard Fogg (lkg) Modified on 3/16/2020 (lkg) |
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| Sunday, March 15, 2020 | ||
| 4 | 4
court
BNC Certificate of Mailing with Application/Notice/Order
Mon 03/16 12:24 AM
BNC Certificate of Mailing with Application/Notice/Order Notice Date 03/15/2020. (Admin.) |
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| Friday, March 13, 2020 | ||
| 3 | 3
court
Court's Certificate of Mailing
Fri 03/13 2:28 PM
Court's Service Lis (one) |
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| 2 | 2
cmp
Summons and Notice of Pre-Trial Conference (Auto)
Fri 03/13 2:26 PM
Summons and Notice of Pre-Trial Conference issued by Clerk's Office against BNC Mortgage Inc. Answer Due: 4/13/2020; Evangelia Boudourakis Answer Due: 4/13/2020; Doe Corps 1-100 Answer Due: 4/13/2020; John Does 1-100, Jane Does 1-100, Investor(s) 1-100 Answer Due: 4/13/2020; MERS Answer Due: 4/13/2020; Select Portfolio Servicing Inc. Answer Due: 4/13/2020; Sanford Strenger Answer Due: 4/13/2020; U.S. Bank National Association Answer Due: 4/13/2020 Pre-Trial Conference set for 4/15/2020 at 09:30 AM at Courtroom 860 (Judge Grossman), CI, NY. (one) |
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| 1 | 1
cmp
Complaint
Fri 03/13 2:18 PM
Adversary case 8 20-08045 Complaint by Cecil Leonard Fogg against U.S. Bank National Association, Select Portfolio Servicing Inc., BNC Mortgage Inc., MERS, Sanford Strenger, Evangelia Boudourakis, John Does 1-100, Jane Does 1-100, Investor(s) 1-100, Doe Corps 1-100. Receipt Number WAIVED, Fee Amount $350. Nature(s) of Suit: (62 (Dischargeability - 523(a)(2), false pretenses, false representation, actual fraud)), (21 (Validity, priority or extent of lien or other interest in property)), (71 (Injunctive relief - reinstatement of stay)), (81 (Subordination of claim or interest)), (91 (Declaratory judgment)). (one) |
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Att: 1
Adversary Cover Sheet
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