Legal Opinion

Esposito v. Hartley (In Re Hartley)

United States Bankruptcy Court, S.D. New York

Decided October 5, 2011No. 18-37015PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM DECISION GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGEMENT

CECELIA G. MORRIS, Bankruptcy Judge.

The plaintiff brings this adversary proceeding to except from discharge a judgment obtained against the defendants’ deli and catering business, Hartley’s Catering, Inc. (“Hartley’s Catering”). Because the defendants dissolved the corporation without giving plaintiff notice and opportunity to enforce her judgment against it, the defendants are jointly and severally liable for on the judgment. The debt is non- dischargeable as property obtained by false pretenses, pursuant to section…

2Cases cited15 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Richard S. RASKIN, Plaintiff-Appellant, v. the WYATT COMPANY, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1997
  3. Gleason v. ThawSupreme Court of the United States · 1915
  4. In Re David Louis Cohn, Debtor. Insurance Company of North America v. David Louis CohnCourt of Appeals for the Third Circuit · 1995
  5. Quaif v. JohnsonCourt of Appeals for the Eleventh Circuit · 1993

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3Cited by2 opinions

  1. Fezzani v. Bear, Stearns & Co.District Court, S.D. New York · 2023
  2. In re: Double Green Produce, Inc. v. Carrie Shu-Chuen KongDistrict Court, S.D. New York · 2025

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