Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

In re DeGennaro III

Court Vacates Sanctions Imposed by Bankruptcy Court, Citing Abuse of Discretion

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

ADDITIONAL CASES Crescent Electric Supply Company, Inc. Of New York, Plaintiff-Appellee v. Charles DeGennaro, III, Defendant-Appellant DECISION AND ORDER Defendant-Appellant Charles DeGennaro appeals from an order of the Bankruptcy Court (Morris, Chief Bankruptcy Judge), dated September 4, 2020, which refused to vacate so much of a prior amended order, issued on September 19, 2019, as had imposed sanctions on DeGennaro for failing to comply with certain discovery requests. DeGennaro had asked the Bankruptcy Court to reconsider its ruling after the sanctions were originally imposed. For the following reasons, the sanctions imposed by the Bankruptcy Court are vacated. I. BACKGROUND A. Underlying Bankruptcy Charles DeGennaro III filed a voluntary petition for Chapter 7 bankruptcy relief on February 9, 2018. (Case No. 18-09032, Bankr. S.D.N.Y., Dkt. No. 1 at 18). On October 17, 2018, Plaintiff-Appellee Crescent Electric Supply Company (“Crescent”) commenced an adversary case against DeGennaro in the U.S. Bankruptcy Court for the Southern District of New York, alleging that under 11 U.S.C. §523(a), DeGennaro was precluded from discharging any debt that he owes to Crescent because he had violated provisions of the New York State Lien Law. (Id. at

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
General Counsel Conference East 2024
November 18, 2024 - November 19, 2024
New York, NY

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
Go to Events Go to Webcasts
Two Litigation Associate - Melville, NY and New York, NY (2 to 7 Years experience)

Prominent law firm seeks 2 associates to join our defense teams in our downtown New York City and Melville, NY offices.The Litigation Associ...


Apply Now ›
Seattle, WA Litigation Counsel

Description: Fox Rothschild has an opening for a Litigation Counsel in our Seattle office. Experience with insurance bad faith and coverage ...


Apply Now ›
Civil Litigation Attorney - New York

Robert C. Gottlieb & Associates PLLC is a 40-year-old litigation boutique looking to hire a civil attorney who has concentrated in civil...


Apply Now ›
Go to Lawjobs