Lynch v. Vaccaro

566 B.R. 290
CourtDistrict Court, E.D. New York
DecidedMarch 28, 2017
DocketNos. 16-CV-74 (JFB), 16-CV-415 (JFB), 16-CV-1475 (JFB), 16-CV-1476 (JFB)
StatusPublished
Cited by10 cases

This text of 566 B.R. 290 (Lynch v. Vaccaro) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lynch v. Vaccaro, 566 B.R. 290 (E.D.N.Y. 2017).

Opinion

MEMORANDUM AND ORDER

Joseph F. Bianco, District Judge

The instant case is a consolidated set of four appeals from orders by the Honorable Alan S. Trust, United States Bankruptcy Judge, in a voluntary Chapter 11 bankruptcy proceeding (the “Bankruptcy Proceeding”) initiated by Maura E. Lynch (“Lynch”). The appeals’ lengthy factual and procedural history stems from a divorce action in New York State court filed by Stephen S. Vaccaro (‘Vaccaro”), Lynch’s former husband (the “Divorce Action”). During the course of the Divorce Action, the state court ordered equitable distribution of certain marital properties, including a property at 43 Harbor Drive, Sag Harbor, New York (“Harbor Drive”), which was the subject of the bankruptcy [293]*293orders at issue here.1 After determining that Lynch had failed to comply with its equitable distribution order and had mismanaged Harbor Drive, the state court appointed Vaccaro as Receiver and directed that the property be sold and the proceeds be equally divided.

The state court subsequently found Lynch in contempt and eventually replaced Vaccaro as Receiver with Stephen L. O’Brien (“O’Brien”). O’Brien then proceeded with the sale of Harbor Drive, and the state court authorized him to effect a contract of sale entered into by Vaccaro and Patricia M. Frank (“Frank”) while Vaccaro was still the court-appointed Receiver.

However, before Frank could close on her purchase of Harbor Drive, Lynch filed a voluntary Chapter 11 bankruptcy petition on November 9, 2015. Thereafter, Vaccaro filed a motion, as amended on November 30, 2015, in the Bankruptcy Court seeking an order excusing O’Brien’s compliance with Sections 543(a) and (b) of the Bankruptcy Code, 11 U.S.C. §§ 543(a)-(b), in order to allow O’Brien to retain custody of Harbor Drive rather than delivering possession to Lynch as the debtor in the Bankruptcy Proceeding (the “Excusal Motion”). O’Brien subsequently joined the Excusal Motion, and after briefing and a December 10, 2015 evidentiary hearing, the Bankruptcy Court entered an order on December 22, 2015 (the “Excusal Order”) that, among other things, directed that (1) O’Brien would continue in possession of Harbor Drive, and (2) Harbor Drive would be marketed and sold at auction pursuant to procedures established in a separate order. That decision is the subject of the first appeal in this consolidated action, No. 16-CV-74 (JFB), in which Lynch, as appellant, seeks reversal of the Excusal Order (the “Lynch Appeal”).

In addition, Frank has filed appeals in Nos. 16-CV-415 (JFB), 16-CV-1475 (JFB), and 16-CV-1476 (JFB) challenging three orders by the Bankruptcy Court concerning the sale of Harbor Drive (the “Frank Appeals”). As noted, Lynch contracted with Vaccaro on or about April 8, 2014 to purchase Harbor Drive for $1,325,000 (the “Contract”). After Lynch filed her bankruptcy petition, Frank moved on November 17, 2015 for an order by the Bankruptcy Court (1) lifting the automatic stay of sale triggered by the petition; (2) directing O’Brien to sell Harbor Drive to Lynch pursuant to the Contract; and (3) staying a separate eviction proceeding commenced by Lynch against Frank in New York State court (the “Stay’ Motion”). However, at the December 10, 2015 evidentiary hearing, the Bankruptcy Court directed sale of Harbor Drive through an auction process, and Frank then tendered a new offer of $1,425,000 for Harbor Drive (the “New Offer”). In a December 22, 2015 order (the “Auction Order”) accompanying the Excusal Order, the Bankruptcy Court established procedures for the auction of Harbor Drive and determined that the New Offer by Frank would be treated as a “stalking-horse” bid.

On January 12, 2016, the Bankruptcy Court formally denied Frank’s November 17, 2015 motion (the “Stay Order”), which is the basis of the appeal in No. 16-CV-415 (JFB). On February 18, 2016, Frank moved for reconsideration of both the Auction Order and the Stay Order, which the Bankruptcy Court denied on March 10, 2016 (the “Reconsideration Order”). Frank appeals the Reconsideration Order in No. 16-CV-1475 (JFB). In the interim, Frank [294]*294successfully tendered a winning bid of $1,865,000 (the “Purchase Price”) for Harbor Drive at the February 22, 2016 auction, and following two evidentiary hearings, the Bankruptcy Court ordered on March 18, 2016 that Harbor Drive be sold to Frank at the Purchase Price (the “Sale Order”). Frank then moved to stay the Sale Order pending appeal, which the Bankruptcy Court denied on March 24, 2016. The Sale Order is the subject of the final appeal in this action, No. 16-CV-1476 (JFB).

In the Frank Appeals, Frank seeks (1) reversal of the Stay, Reconsideration, and Sale Orders; and (2) repayment of the differential between the Contract price and the Purchase Price for Harbor Drive, i.e., $540,000.

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For the reasons set forth below, the Court concludes that the Lynch Appeal and the Frank Appeals are moot pursuant to Section 363(m) of the Bankruptcy Code, 11 U.S.C. § 363(m), and therefore dismisses this consolidated action in its entirety.

I. Background

The Court assumes the parties’ familiarity with the full facts and procedural history underlying this action and summarizes the facts and history relevant to the instant appeals based on the Consolidated Bankruptcy Record on Appeal. (“R.,” No. 16-CV-1476, ECF No. 5.)

A. The Divorce Action

In 2010, Vaccaro commenced the Divorce Action.—Vaccaro v. Lynch, Index No. 38437-10—in New York Supreme Court, County of Suffolk (the “State Court”). (R. at 214.) Following a nine-day trial, the State Court entered an order on December 12, 2012, as amended on March 15, 2013, directing, inter alia, equitable distribution of the parties’ assets. (Id. at 728-55.) The State Court ordered that Vaccaro and Lynch cooperate to sell Harbor Drive and evenly divide the proceeds between them following the satisfaction of any outstanding mortgages, liens, and judgments. (Id. at 753-54.) In addition, the State Court declined to appoint a Receiver at that time to manage the sale of Harbor Drive, but said that it would do so if Vaccaro and Lynch could not work together, or if one of them thwarted the sale of the property. (Id. at 755.)

On May 3, 2013, following a motion by Vaccaro, the State Court appointed Vacca-ro as Receiver for Harbor Drive based on Lynch’s failure to vacate Harbor Drive and cooperate in the sale of that property. (Id. at 757-59.) It directed Lynch to leave Harbor Drive by June 30, 2013 and to make the property presentable for real estate showings. (Id.) The State Court entered a final judgment in the Divorce Action on July 16, 2013, as amended on December 23, 2013, which reiterated that Harbor Drive was to be equitably distributed. (Id. at 761-73.)

The State Court found Lynch in contempt on November 26, 2013 for, inter alia, obstructing the sale of Harbor Drive (id. at 775-80), and on April 1, 2015, it replaced Vaccaro with O’Brien as Receiver (id. at 782-87.) The State Court directed O’Brien to prevent waste or mismanagement of Harbor Drive and to dispose of it in accordance with its prior order. (Id.

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Cite This Page — Counsel Stack

Bluebook (online)
566 B.R. 290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lynch-v-vaccaro-nyed-2017.