Marcia E Waddell

CourtUnited States Bankruptcy Court, S.D. New York
DecidedMarch 28, 2025
Docket24-11769
StatusUnknown

This text of Marcia E Waddell (Marcia E Waddell) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marcia E Waddell, (N.Y. 2025).

Opinion

UNITED STATES BANKRUPTCY COURT NOT FOR PUBLICATION SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------- x In re: : Case No. 24-11769 (JLG) :

Marcia E. Waddell, :

: Chapter 7 Debtor. : -------------------------------------------------------------- x

MEMORANDUM DECISION AND ORDER DENYING MOTION FOR 2004 EXAMINATION

A P P E A R A N C E S:

LAW OFFICE OF GREGORY MESSER, PLLC Attorneys for the Debtor 26 Court Street, Suite 2400 Brooklyn, New York 11242 By: Gregory Messer

Tarter Krinsky & Drogin LLP Attorneys for the Trustee 1350 Broadway, 11th Floor New York, New York 10018 By: Robert A. Wolf

CHARLES MUSZYNSKI Appearing Pro Se P.O. Box 1423 Basseterre St. Kitts and Nevis West Indies HON. JAMES L. GARRITY, JR. U.S. BANKRUPTCY JUDGE INTRODUCTION Marcia Waddell (the “Debtor”) is a chapter 7 debtor herein. Charles Muszynski (the “Movant”) is the Debtor’s ex-husband. The Debtor holds a judgment against Movant in the sum of $1,941,225.00 (the “Judgment”) for past due alimony and attorneys’ fees. Apparently, Movant may be judgment-proof, as Movant claims to be indigent.1 Movant is not a creditor of the Debtor and does not assert any financial interest in the Chapter 7 Case. The matter before the Court is Movant’s motion (the “Motion”)2 pursuant to Rule 2004 of

the Federal Rules of Bankruptcy Procedure (“Rule 2004”) for authorization to conduct an examination of the Debtor. Movant is proceeding pro se. The Debtor, through counsel, filed a response in opposition to the Motion (the “Opposition”).3 Movant filed a reply to the Opposition (the “Reply”).4 Deborah J. Piazza (the “Trustee”) is the trustee of the Debtor’s estate. She filed a joinder to the Opposition (the “Joinder”).5 Movant filed a response to the Joinder (the “Joinder Response”).6

1 On December 11, 2024, Movant filed an Application for Determination of Civil Indigent Status in the Circuit Court for the Sixth Judicial Circuit, Orange County, Florida (the “Application”). On December 18, 2024, based on the information contained in the Application, the Clerk of the Circuit Court determined Movant to be indigent, under section 57.082, Florida Statutes (the “Clerk’s Determination”). A copy of the one-page Application and Clerk’s Determination is annexed to the Reply as Exhibit 1. 2 Motion for FRPB 2004/LRPB 2004-1 Examination, ECF No. 20. References to “ECF No. __” are to documents filed on the electronic docket of Case No. 24-11769. 3 Affirmation in Opposition to the Application of Charles Muszynski for 2004 Examination, ECF No. 25. 4 Reply to Messer “Affirmation,” ECF No. 27. 5 Joinder of Discharged Chapter 7 Trustee to Debtor’s Opposition to the Application of Charles Muszynski for Rule 2004 Examination, ECF No. 28. 6 Response to Trustee’s Joinder of Discharged Chapter 7 Trustee to Debtor’s Opposition to the Application of Charles Muszynski for Rule 2004 Examination, ECF No. 30. On March 26, 2025, the Court conducted a hearing on the Motion (the “Hearing”). At the Hearing, Movant appeared pro se and the Debtor and the Trustee appeared through their respective counsel. The Court heard argument from the parties. For the reasons set forth herein, the Court denies the Motion.

JURISDICTION The Court has jurisdiction to consider this matter pursuant to 28 U.S.C. §§ 157 and 1334 and the Amended Standing Order of Referral of Cases to Bankruptcy Judges of the United States District Court for the Southern District of New York (M-431), dated January 31, 2012 (Preska, C.J.). This is a core proceeding pursuant to 28 U.S.C. § 157(b). BACKGROUND On October 10, 2024 (the “Petition Date”), the Debtor filed a voluntary petition (the “Petition”)7 for relief under chapter 7 of the Bankruptcy Code (the “Chapter 7 Case”) in this Court.

On October 11, 2024, Deborah Piazza was appointed as interim trustee,8 and subsequently qualified as the permanent trustee of the Debtor’s estate. The Petition shows assets totaling $2,030,325.00 and liabilities totaling $326,406.30. Petition, Summary of Assets and Liabilities ¶¶ 1, 3. By far, the Judgment is the Debtor’s largest asset. See Petition, Schedule A/B ¶ 29. The Debtor scheduled the Judgment as an exempt asset under section 522(d)(10)(D) of the Bankruptcy Code. Petition, Schedule C ¶ 2. There were no objections to her claimed exemptions.

The Debtor has no secured creditors. See Petition, Schedule D. The Petition schedules twelve creditors holding nonpriority unsecured claims aggregating approximately $326,406.30.

7 Voluntary Petition for Non-Individuals Filing for Bankruptcy, ECF No. 1. 8 Notice of Chapter 7 Bankruptcy Case, ECF No. 7 ¶ 5. Petition, Schedule E/F ¶ 4. Movant is not among those creditors. Id. One creditor filed a proof of claim asserting a general unsecured claim in the sum of $61,027.86. See Claim No. 1. Movant did not file a claim herein.

On or about November 13, 2024, the Trustee commenced the meeting of the creditors pursuant to section 341 of the Bankruptcy Code (the “§ 341 Meeting”). The Trustee continued the meeting to December 11, 2024, and thereafter, to January 8, 2025. That day, the Trustee filed her Chapter 7 Trustee’s Report of No Distribution (the “No Distribution Report”) as a virtual docket text entry.9 In the No Distribution Report, the Trustee certifies the Debtor’s estate has been fully administered and reports she has neither received any property nor paid any money on behalf of the estate, and that “there is no property available for distribution from the estate over and above that exempted by law.” See No Distribution Report. She reports the total amount of assets exempt is $2,029,200.00, the full amount claimed as exempt. Id.

The last day to object to the Debtor’s discharge was January 13, 2025. See Notice of Chapter 7 Case, ¶ 9.10 No objections were filed. By letter dated January 24, 2025 (the “January Letter”),11 Debtor’s counsel (“Mr. Messer”) advised the Clerk of the Court that “[t]he last day to object to the [Debtor’s] discharge was January 13, 2025,” and “respectfully requested that the discharge be issued at your earliest convenience.” On January 27, 2025, the Clerk’s Office issued

9 The Chapter 7 Trustee’s Report of No Distribution is a virtual docket entry without a corresponding ECF number. Local Rule 5009-1 (c) provides: “In a chapter 7 no asset case, the trustee must file a No Distribution Report as a virtual docket text entry in accordance with the guidelines promulgated by the Office of the United States Trustee.” 10 Notice of Chapter 7 Bankruptcy Case – No Proof of Claim Deadline, ECF No. 7. 11 Letter Requesting Discharge, ECF No. 14. the Debtor a discharge under section 727 of the Bankruptcy Code, and a final decree closing the case for administrative purposes.12 The Motion

Movant contends that he is “an unobjected and admitted party of Interest in [the Debtor’s] bankruptcy.” Motion ¶ 1. He says that he “was permitted to briefly examine Debtor at the 341(a) meeting of creditors 13 November 2024” until the Trustee truncated the examination. Id. He contends that his examination of the Debtor “revealed material, significant conflicts between ‘facts’ Debtor swore to under penalty of perjury in her papers and schedules and Debtor’s sworn testimony.” Id. ¶ 2. He maintains that had he been permitted to conclude his examination, he would have “shown failures by the Trustee, Debtor’s attorney . . .

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