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Livecchi v. Gordon

United States District Court, W.D. New York

July 16, 2014

CHARLES R. LIVECCHI, SR., Appellant,
v.
KENNETH W. GORDON, Trustee, Appellee

Page 210

Charles R. Livecchi, Sr., dba Sole Officer and Shareholder of CRL Management, Inc., Appellant, Pro se, Rochester, NY.

For Kenneth W. Gordon, Trustee, Appellee: Kenneth W. Gordon, LEAD ATTORNEY, Gordon and Schaal LLP, Rochester, NY.

For Kathleen Dunivin Schmitt, Trustee: Kathleen Dunivin Schmitt, LEAD ATTORNEY, United States Trustee, Rochester, NY.

OPINION

DECISION AND ORDER

ELIZABETH A. WOLFORD, United States District Judge.

Page 211

I. INTRODUCTION

This is an appeal from an order of the United States Bankruptcy Court for the Western District of New York, entered on October 18, 2013. (Dkt. 1-5). In that order, Bankruptcy Judge Paul R. Warren granted the motion of the Chapter 7 Trustee (" Trustee" ) to find the debtor-appellant, Charles R. Livecchi, Sr. (" Debtor" ), in civil contempt of the Bankruptcy Court's February 28, 2011 order. The Bankruptcy Court directed Debtor to comply with its February 28, 2011 order requiring that Debtor turn over certain assets to Trustee, and further ordered sanctions for Debtor's failure to comply.

On appeal, Debtor, proceeding pro se , challenges the contempt order, and raises a number of additional objections to prior orders of the Bankruptcy Court. (Dkt. 1). For the reasons that follow, the October 18, 2013 order of the Bankruptcy Court is affirmed.

II. BACKGROUND

On April 8, 2009, Debtor filed a voluntary Chapter 11 petition with the Bankruptcy Court for the purpose of restructuring his finances. On January 21, 2010, Trustee filed a motion to convert the case to Chapter 7, alleging that Debtor was not pursuing a realistic Chapter 11 plan. According to Trustee, Debtor was not planning to sell his properties to pay creditors, but rather was planning to utilize speculative recoveries from various pending lawsuits to cover his debts. Debtor's creditors examined Debtor and reported to the Bankruptcy Court that Debtor had no intention to sell his properties to satisfy his debts. On September 21, 2010, the Bankruptcy Court granted Trustee's motion to convert the case to a Chapter 7 case pursuant to 11 U.S.C. § 1112.

At the time of filing his original petition, Debtor included a number of vehicles and parcels of real property in his bankruptcy schedules, but he did not claim those vehicles or real properties to be exempt. Among the assets listed in Debtor's bankruptcy schedules were the following vehicles: (1) a 2005 Chevrolet Silverado Pickup; (2) a 2003 Chevrolet Suburban; (3) a 2006 Harley Davidson V-Rod; and (4) a 2005 Chevrolet Malibu. (Dkt. 1-5).

After Debtor refused to respond to Trustee's requests regarding Debtor's intentions for these and other properties, Trustee filed a motion pursuant to 11 U.S.C. ยง 542 on January 27, 2011, for an order to compel ...


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