AFK, Inc. v. Haven Transportation Business Solutions, Inc.
This text of AFK, Inc. v. Haven Transportation Business Solutions, Inc. (AFK, Inc. v. Haven Transportation Business Solutions, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
So Ordered. Signed this 27 day of May, 2026.
ekalle, y Patrick G. Radel BH, WS United States Bankruptcy Judge
UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF NEW YORK nee K AFK, Inc., Plaintiff, Case No. 26-01001-1-pgr (Misc.) V. 22-cv-00269 MAD-PJE Haven Transportation Business Solutions, Inc., Defendant. OK ORDER DETERMINING THAT HAVEN’S DEBTS WERE NOT DISCHARGED
WHEREAS, this matter was referred to this Court by Order of the Honorable Mae A. D’Agostino on May 19, 2026, for a determination as to whether the claim(s) of Plaintiff AFK, Inc. “AKF’) against Defendant Haven Transportation Business Solutions, Inc. (“Haven”) have been discharged pursuant to 11 U.S.C. § 727; and
WHEREAS, Anthony Havelka-Chibici and Kimberly Chibici filed a joint petition for relief under Chapter 7 of the Bankruptcy Code on November 7, 2023, in the United States Bankruptcy Court for the Western District of Wisconsin (Docket
No. 1 in case number 1-23-11995-cjf); and WHEREAS, Mr. and Mrs. Chibici disclosed joint ownership of Haven as an asset in their bankruptcy case (Docket No. 1, in case number 1-23-11995-cjf, at p. 13); and WHEREAS, Mr. and Mrs. Chibici received a discharge of debt pursuant to 11 U.S.C. § 727 on April 8, 2024 (Docket No. 35, in case number 1-23-11995-cjf); and WHEREAS, bankruptcy discharges granted to corporate principals/owners
do not discharge obligations owed by and/or claims against a corporate entity, see In re Goodman, 873 F.2d 598, 602 (2d Cir. 1989)( “Goodman's Chapter 7 liquidation discharged all of his personal, pre-petition obligations, but did not discharge the corporate debt of EG (of which he was the sole shareholder) and GPP (his wife’s new company)”); and NOW, THEREFORE, this Court finds that the discharge granted to Mr. and
Mrs. Chibici did not discharge any claims against and/or obligations of Haven, including, but not necessarily limited to, any claim(s) held by AKF. ###
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