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Case 09-39032-DHS

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UNITED STATES BANKRUPTCY COURT

DISTRICT OF NEW JERSEY
Caption in compliance with D.N.J. LBR 9004-2(c)

John W. Sywilok, Esq.(JS 2289)

John W. Sywilok LLC
51 Main Street
Hackensack, NJ 07601
(201)487-9390
Attorneys for Trustee

Chapter 7
Case No.09-39032

In Re:
GIUSEPPE GIUDICE and
TERESA GIUDICE

Hearing Date: May 24, 2016

Judge: Stacey L. Meisel

Debtors.

NOTICE OF MOTION FOR ORDER REOPENING BANHItUPTCY CASE

All About the

TO:

Carlos J. Cuevas, Esq.

1250 Central Park Avenue
Yonkers, NY 10704
Attorneys for Debtor, Teresa Giudice

Philip C. Chronakis, Esq.

Budd Larner, P.C.
1 SO John F. Kennedy Parkway
Short Hills, NJ 07078
Attorneys for Debtor, Teresa Giudice

U.S. Trustee's Office

One Newark Center, Suite 2100
Newark, NJ 07102

James A. Kridel, Esq.

The Kridel Law Group
1035 Route 46 East, Suite B-204
Clifton, NJ 07013
Former Attorneys for Debtors

Teresa Giudice
6 Indian Lane
Towaco, NJ 07082
J1KS:
PLEASE TAKE NOTICE,that on 24`h day of May,2015 at 10:00 A.M. in the forenoon
or soon thereafter as Counsel may be heard, the undersigned Attorneys for the Debtor shall move
before the before the Honorable Stacey L. Meisel, at the United States Bankruptcy Court, Martin

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Luther King, Jr, Federal Building, 50 Walnut Street, 3`d Floor, Newark, New Jersey, for the entry

of an Order reopening the within Ba~lkruptcy Case.

In support of this application, the moving party shall rely upon the annexed Certification

of the Trustee submitted herewith.

Pursuant to Local Rule 3 of Bankruptcy Practice, this Motion shall be deemed
uncontested unless responding papers are filed with the Clerk ofthe United Bankruptcy Court,
and served upon the moving party seven (7)days in advance of the scheduled Hearing date
stating with particularity the basis ofthe opposition. Unless no reply to the contrary, Motions
deemed uncontested will be decided on the moving papers and no appearance will be required by
the moving party.
A proposed form of Order is annexed hereto.

All About the

JOHN W.SYWILOK LLC
Attorneys for Trustee

BY: /S/ JOHN W. SYWII.,OK

JOHN W.SYWILOK,ESQ.
Dated: April 29, 2016

File No. 49768

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Certification
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UNITED STATES BANKRUPTCY COURT

DISTRICT OF NEW JERSEY
Caption in compliance with D.N.J. LBR 90042(c)

John W.Sywilok, Esq.(JS 2289)

John W.Sywilok LLC
51 Main Street
Hackensack, NJ 07601
(201)487-9390
Attorneys for Trustee

Chapter 7
Case No. 09-39032

In Re:

Hearing Date: May 24,2016

GIUSEPPE GNDICE and

TERESA GIUDICE

Judge: Stacey L. Meisel

Debtors.

All About the

CERTIFICATION IN SUPPORT OF MOTION FOR ORDER REOPENING CASE
I, JOHN W.SYWILOK,hereby certifies as follows:

1. I was the Chapter 7 Trustee in Bankniptcy ofthe above named debtors.

2. As part ofthe administration of this case an Order was entered denying the discharge of

the debtors.
3. Although the case was classified as an asset case, there were insufficient funds in the
Estate to make any distribution to the unsecured creditors.
4. The Bankniptcy Case was closed on September 29, 2014.
5. I have been advised that the debtor, Teresa Giudice has filed a legal malpractice action
against her former bankruptcy attorney,.lames A. itridei in the Superior ~ouri of i~icw ~e~scy ;r,
Morristown, New Jersey
6. I have reviewed the complaint filed by the debtor. The complaint among other allegations
assert that this legal malpractice claim arose prior to the filing of the petition in bankruptcy.

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Certification Page 2 of 2

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7. The cause of the action is an asset of the bankruptcy estate, since the events giving rise

to the cause of action stem from the activities ofthe debtor pre-bankruptcy.
8. The Trustee cites In re: Hussain 397 B. R. 730 and In xe: Alfred J. Witko 2047 WL

2019375 in support of his position that the legal malpractice cause of action is an asset belonging
to the Chapter 7 Trustee.
9. Since the case has been closed,I request that the case be reopened and a Chapter 7 Trustee
be appointed for the Trustee to administer this asset.
10. The Chapter 7 Trustee will have to determine the value of this asset and whether its
liquidation will realize a meaningful dividend to unsecured creditors in this case; whether the
retention ofspecial counsel to the Trustee is required; whether the Trustee should be substituted as
Party Plaintiff in the State Court; and what will be the cost of litigation.

All About the

11. I hereby request that this case be reopened and the U.S. Trustee appoint a Chapter 7

Trustee.

I hereby certify that the foregoing statements made by me are true; I am aware that if any of

the foregoing statements made by me are willfully false, I am subject to pwushment.

/S/ JO~-IN W.SYWII_.OK

By: JOHN W. SYWILOK,ESQ
Dated: Aori129. 2016

File No.49768

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Nro osea uraer Pagelof2

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UNITED STATES BANKRUPTCY COURT

DISTRICT OF NEW JERSEY
Caption in Compliance with D.N.J. LBR 9004-1(b)

John W. Sywilok, Esq.(JS 2289)

John W. Sywilok LLC
51 Main Street
Hackensack, NJ 07601
(201)487-9390
Attorneys for Trustee
09-3903

In Re:

Case No.:

GIUSEPPE GNDICE and

TERESA GIUDICE

Hearing Date:

May 24,2016

Judge:

Stacey L. Meisel
7

Chapter:

Recommended Local Form:

Followed

Modified

All About the

ORDER REOPENING CASE

The relief set forth on the following page is ORDERED.

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Proposed Order Page 2 of 2

,and for

John W. Sywilok, Esq.

Upon the motion of

Desc

good cause shown, it is

ORDERED as follows:
1.

This case is reopened.

2.

A Trustee shall be appointed.

A Trustee shall not be appointed.

The case shall be immediately reclosed.

The case shall be closed within

3.

days.

All About the

The case shall be reviewed within

90

days for closing

eligibility.

The successful party shall serve this Order on the debtor, any trustee and all parties who

entered an appearance on this motion.

rev.8///1S

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Certificate of Service Page 1 of 3

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UNITED STA"TLS BANKRUPTCY COURT

DISTRICT' OF NGW JERSF,Y
Captio in Gompli~nce with D.N..i. LBR 900#-2(c)

John ~~~~~Sytivilok, Esq.(JS 22891

John Vv. Sywilok L.LC
51 Main Street
IIackensac;k, NJ 07601
(201)4~7-9390
tlttoi7izys for Trustee

In Re:

GIUSEPPE ~IUDI.CE and

T~RESA GIUDICE

Case No.:

09-39032

Chapter:

Adv. No.:

May 24, 20Z b

Hearing Date:

Stacey L. Meisel

Judge:'

All About the

CERTIFICATION OF S~RVICL

1. I,

,Tohi~ W.S~wilok, Esq.

Q1 represent- the

Ch. 7 Trustee

in tl~e above-captioned tnattez.

, wl~o represents the

~~m the secretary/paralegal for

lil t~1C

above captioned matter.

in the above case and am representing myself.

am the

'Z.

On

April 29, 2U 16

, I $ent a copy of the F~Ilowing pleadin~~s anc!/or documents to t11e

parties listed in the chart below:

Notice: of Mo~io for Ordcr Reopening .Bankruptcy Casc; Certification in Support of Motion;
Proposed Order Reopening Case; and This Certification of Scrvicz

3.

I hereby certify under penalty of perjury that the above documents ~~ere sent using the i~~ode of
service indicated,

Dated: ~~ri 1 ?9. 2016

,~
(J1
1.
}(3~i ~~~~,,.`~.L~,~,t,"1,~,~
Sign tore

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Certificate of Service
Page 2 of 3

Name and Address ofParty

,., Served
',

of,'
Relationship
,..
~Par~y, to ~~he (7ase

Desc

erode of~Servece " '

-

~~~~~-delivered

United States Trustee's Office

One Newark Center, Suite 2100
Newark, NJ 07102

0 Regular mail
Certified mail/RR
E-mail
~ Notice of Electronic Filing(NEF)
Other
(as authorized by the court *)

Carlos J. Cuevas, Esq.

1250 Central Park Avenue
Yonkers, NY 10704

Attorneys for Debtor,

Teresa Giudice

~~~~~-delivered
~ Regular mail
Certified mail/RR
Ql E-mail
0 Notice of Electronic Filing(NEF)

All About the

Other
(as authorized by the court *)

Philip C. Chronakis, Esq.

Budd Larner, P.C.
150 John F. Kennedy Parkway
Short Hills, NJ 07078

Attorneys for Debtor,

Teresa Giudice

~~~~~-delivered
~d Regular mail

~~~~~~~~~~~mail/RR

61! E-mail

Notice of Electronic Filing(NEF)

Other
(as authorized by the court *)
James A. Kridel, Esq.
The Kridel Law Group
1035 Route 46 East, Suite B-204
Clifton, NJ 07013

Former Attorneys
for Debtors

~~~~~-delivered
~( Regular mail
~~~~~~~~~~~mail/RR
Q( E-mail
0~L/ 1V 171111G~ VL LII.VtIV~II~. 111111 m`~1~~I

Facsimile
D Other
(as authorized by the court *)

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Certificate of Service
Page 3 of 3

Name and.Address ofFarty Served

Teresa Giudice
6 Indian Lane
Towaco, NJ 07082

Relationship of;
Party to the'Case
Debtor

Desc

`' Mode ,of Service

~
DHand-delivered
~d Regular mail
Certified mail/RR
E-mail
Notice of Electronic Filing(NEF)
D Other
(as authorized by the court *)
Hand-delivered
Regular mail
O Certified mail/RR
E-mail
Notice of Electronic Filing(NEF)
O Other
(as authorized by the court *)

All About the

Hand-delivered

Regular mail

D Certified mail/RR
E-mail

Notice of Electronic Filing(NEF)

Other
(as authorized by the court *)
Hand-delivered
Regular mail
Certified mail/RR
E-mail
Notice of Electronic Filing(NEF)
C] Other
(as authorized by the court *)

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,i his form may only' be utiliic~l bY'I'rus~tQCQDkTII~t~d~ in I'r{~~~t~ ~f ~~lh~r ~7:u[ics ~~~:~ppro~~cd by thr t: Dort.

U\'I"I'LD S"I'r~TES I.3~~NKRU('"I'C:Y COURT

DID"I'I~IC~7' OI' NI \-V .i1~RSL~'

crus~,r~l~l, c~1t~~ICL ~~a

09-3{)O~2

Case no.:

lea r~e:

11dv. 1'ro. ~c~.:

7

C~`hap~ci~:

Debtoi`(s1

[
,.I,(? I'~+~Y I+ILTitiG T'r 1
C~R'I'TFIC:1."PION i1NI) :~,GI2I>I~,~~Ik~:1~.
state as 1'c~llo~s:

l~ __.__._ _ _~_.__._~ Johvn ~lj. Sy~rlilc~k

Tr~~stee, ~ C;ounsel ~f~r tl~e `I'ruste~, l~)c~bt<7r in F'ossessic~n in the, above captioned

1 Gym the
i~~F3t~tcr.
2.

~lUtiet; of ~~I~~f~ion__ ~_Ib I~.ca~ct? __

1 tiled G~(rr}

relative to the above

Glipti0rlC(~ tYYlttei'.

All About the

3.

Gtu-retly, Cfie estate in phis n'iatter leas i~lslift7ci~iit fui~cl~ ~vitl~ which to ~~ay tl~e i-~~giiireci
lilirr~ ti;e: [ <igrcz- to ~~ay the required tiling fey iii Such tii~~e <is the estate has sl~ftici~iir
~'11T1C~S.~

Tl7~e ti(ing~ fet- is bcrn~ ton~~~rdecl t~ the. Court.

~~.

Tl~e amou,n[ of~thc 1'ee' is 5

2C~0.(~0

---._

~.

I ci;rtifi'y ~tncier per~~~lty of~ per,jury t~h~~t the i'~x~~uinr~ i5 u~uc and cornet.

~4,'2~1r?{1I Ci
sf~i1:~ .re

--

John llj. Sy~vilc~l:

l)atc

(201)`1~7-9390 sy~~~ilol:attorncyrrils~~~vilo(:.~
"I~cle~?honr ~umberlGn~ail ~\clelre

'~a:nc

51 ~-1ain Strict, I lacl<e.nsacic, :~.I f)iCi01

~ ll~~he pritii;~ry document ova;; lileel el~~~troricall~~, ~~~~u iut:;i ;ut:icii the iVoiice of l;lectroni~ 1=il~n~ ~.'~P.1= ~)
rcl:riin~ to ~hc prim:ir~ doctnncnt to (h~ clr~-ck. lJ~tl~, priinan~ <loc:iincnt v.,~~ laical cunvcntionally, 4ou musi au~ich a
;~~;?:~ oI ti:i, Ccrti;ic;ui~r. lu tic ch.~ck.
~fh~ ~~~.Ufl \i~ticc ~~i',~Appc:sl Pic r~r,uiri~~l :ii~:lcr'_ti U.J.C~.:C I y O(c) m.iv not be ~Icicrrc~l.