In re: Big Apple Volkswagen, LLC; Alan Nisselson, Chapter 7 Trustee of Big Apple Volkswagen, LLC v. Ratiba Salim and Wahid Saleem

S.D. New York

In re: Big Apple Volkswagen, LLC; Alan Nisselson, Chapter 7 Trustee of Big Apple Volkswagen, LLC v. Ratiba Salim and Wahid Saleem

District Court, S.D. New York·Decided June 16, 2026·No. 1:16-cv-03182·Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

In re: BIG APPLE VOLKSWAGON, LLC Debtor. ORDER ee 16 Civ. 3182 (PGG) ALAN NISSELSON, CHAPTER 7 TRUSTEE OF BIG APPLE VOLKSWAGON, LLC, Plaintiff, - Vv. 7 RATIBA SALIM AND WAHID SALEEM, Defendants.

PAUL G. GARDEPHE, U.S.D.J.: On June 14, 2011, Plaintiff Alan Nisselson — Trustee of Debtor Big Apple

Volkswagon, LLC — brought an adversary proceeding in the United States Bankruptcy Court for the Southern District of New York against Defendants Ratiba Salim and Wahid Saleem.! (Cmplt., Nisselson v. Salim, Adv. Proc. No. 11-2251 (JLG) (Dkt. No. 1)) On January 27, 2014, Nisselson moved for partial summary judgment. (Pltf. Mot. for Sum. J., Nisselson v. Salim, Adv. Proc. No. 11-2251 (JLG) (Dkt. No. 39)) On March 17, 2016, Bankruptcy Judge James L.

! On February 13, 2018, this Court issued an order dismissing all claims against Defendant Saleem following his death. (Dkt. No. 10)

Garrity Jr. issued Proposed Findings of Fact and Conclusions of Law concerning Nisselson’s motion. (Dkt. No. 1) On July 16, 2024, Nisselson moved to abandon the adversary proceeding pursuant to 11 U.S.C. § 554(a). (Nisselson v. Salim, Adv. Proc. No, 11-2251 (JLG) (Dkt. No. 91)) The Bankruptcy Court granted Nisselson’s motion on September 6, 2024 and terminated the adversary proceeding. (Order, Nisselson v. Salim, Adv. Proc. No. 11-2251 (LG) (Dkt. No. 95)) Plaintiff's motion for partial summary judgment is thus moot, and this Court declines to adopt the Bankruptcy Court’s Proposed Findings of Fact and Conclusions of Law (Dkt. No. 1) on that basis. Cf. In re Lear Corp., 418 B.R. 47, 48 (S.D.N.Y. 2009) (“[B]ecause the Bankruptcy Court has dismissed the Adversary Proceeding, Plaintiffs’ motion to withdraw reference is moot and is thus dismissed.”); In re Lynch, No. 22-1494, 2024 WL 747924, at *2 (2d Cir. Feb. 23, 2024) (dismissing a bankruptcy appeal as moot because “Twiithout an underlying bankruptcy case, there is no relief [a court] can grant”). Accordingly, this action is dismissed, and the Clerk of Court is directed to close this case. Dated: New York, New York June 16, 2026 SO ORDERED.

Paul G. Gardephe United States District Judge

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

In re: BIG APPLE VOLKSWAGON, LLC Debtor. ORDER ee 16 Civ. 3182 (PGG) ALAN NISSELSON, CHAPTER 7 TRUSTEE OF BIG APPLE VOLKSWAGON, LLC, Plaintiff, - Vv. 7 RATIBA SALIM AND WAHID SALEEM, Defendants.

PAUL G. GARDEPHE, U.S.D.J.: On June 14, 2011, Plaintiff Alan Nisselson — Trustee of Debtor Big Apple

Volkswagon, LLC — brought an adversary proceeding in the United States Bankruptcy Court for the Southern District of New York against Defendants Ratiba Salim and Wahid Saleem.! (Cmplt., Nisselson v. Salim, Adv. Proc. No. 11-2251 (JLG) (Dkt. No. 1)) On January 27, 2014, Nisselson moved for partial summary judgment. (Pltf. Mot. for Sum. J., Nisselson v. Salim, Adv. Proc. No. 11-2251 (JLG) (Dkt. No. 39)) On March 17, 2016, Bankruptcy Judge James L.

! On February 13, 2018, this Court issued an order dismissing all claims against Defendant Saleem following his death. (Dkt. No. 10)

Garrity Jr. issued Proposed Findings of Fact and Conclusions of Law concerning Nisselson’s motion. (Dkt. No. 1) On July 16, 2024, Nisselson moved to abandon the adversary proceeding pursuant to 11 U.S.C. § 554(a). (Nisselson v. Salim, Adv. Proc. No, 11-2251 (JLG) (Dkt. No. 91)) The Bankruptcy Court granted Nisselson’s motion on September 6, 2024 and terminated the adversary proceeding. (Order, Nisselson v. Salim, Adv. Proc. No. 11-2251 (LG) (Dkt. No. 95)) Plaintiff's motion for partial summary judgment is thus moot, and this Court declines to adopt the Bankruptcy Court’s Proposed Findings of Fact and Conclusions of Law (Dkt. No. 1) on that basis. Cf. In re Lear Corp., 418 B.R. 47, 48 (S.D.N.Y. 2009) (“[B]ecause the Bankruptcy Court has dismissed the Adversary Proceeding, Plaintiffs’ motion to withdraw reference is moot and is thus dismissed.”); In re Lynch, No. 22-1494, 2024 WL 747924, at *2 (2d Cir. Feb. 23, 2024) (dismissing a bankruptcy appeal as moot because “Twiithout an underlying bankruptcy case, there is no relief [a court] can grant”). Accordingly, this action is dismissed, and the Clerk of Court is directed to close this case. Dated: New York, New York June 16, 2026 SO ORDERED.

Paul G. Gardephe United States District Judge

In re: Big Apple Volkswagen, LLC; Alan Nisselson, Chapter 7 Trustee of Big Apple Volkswagen, LLC v. Ratiba Salim and Wahid Saleem, (S.D.N.Y. 2026).

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In re: Big Apple Volkswagen, LLC; Alan Nisselson, Chapter 7 Trustee of Big Apple Volkswagen, LLC v. Ratiba Salim and Wahid Saleem (In re: Big Apple Volkswagen, LLC; Alan Nisselson, Chapter 7 Trustee of Big Apple Volkswagen, LLC v. Ratiba Salim and Wahid Saleem) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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