Black v. Gigliotti (In re Gigliotti)

MEMORANDUM OPINION

JEAN K. FITZSIMON, Bankruptcy Judge.

I. Introduction

The deposit funds of Plaintiffs Daniel and Caryn Black (the “Blacks” or the “Plaintiffs”) for the purchase of a home that they never occupied were not returned to them as promised. The Plaintiffs sued the Defendants’ company Gigliotti Avignon Associates, L.L.P. (“Gigliotti Avignon”) in state court and received a judgment. The Plaintiffs, however, could not collect due to the company’s insolvency. In this adversary proceeding, the Blacks seek to recover on the state court judgment from the Defendants Ronald and John Gigliotti…