In re: Mark Anthony | NY BK Court - Creditor’s commencement of the foreclosure action in the Superior Court of New Jersey, Chancery Division of Hudson County under Docket No. F-045436-13 is declared void
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
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In re: Mark Anthony
a/k/a Mark Naidu
Chapter 7
Case No: 13-13588(RG)
Debtor,
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Mark Anthony
a/k/a Mark Naidu
Movant,
-against-
Prime Properties USA 2011, LLC
Claimants/Respondents.
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ORDER GRANTING DEBTOR’S MOTION TO DECLARE FORECLOSURE ACTION
COMMENCED IN VIOLATION OF THE AUTOMATIC STAY VOID AB INITIO
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Application having been made to this Court by Mark Anthony a/k/a Mark Naidu as the Debtor
herein, by Notice of Motion, dated February 3, 2014, for an order (a) Declaring the foreclosure action
commenced post-petition void ab initio; and (b) Compelling the Creditor to withdraw the State Court
foreclosure action commenced in violation of the automatic stay; and (c) Awarding actual and punitive
damages against Prime Properties, LLC pursuant to 11 U.S.C. 362(k)(1), and 11 U.S.C. 362(h); and (d)
Granting such other relief as this court deems just and proper.
Upon the affirmation of Brian McCaffrey dated February 3, 2014, in support of the debtor’s
motion, and the Claimant/Respondent’s Affirmation in Opposition dated April 2, 2014 and, a hearing
having been conducted on April 8, 2014 before the Honorable Robert E. Grossman, United States
Bankruptcy Judge at the United States Bankruptcy Court for the Southern District of New York located
at One Bowling Green, New York, NY 10004 and the Respondent having appeared by Friedman
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Robert E. Grossman
United States Bankruptcy Judge
Sanchez, LLP by Andrew M Friedman, Esq., and the Debtor having appeared by Brian McCaffrey
Attorney at Law, P.C. by Brian McCaffrey, Esq., and after due deliberation and consideration, and on
the record before the Court, that part of the motion seeking to declare the foreclosure action void ab
initio is granted and, that part of the motion seeking damages against the creditor, Prime Properties
USA 2011, LLC is denied.
Therefore it is hereby;
ORDERED, that the creditor’s commencement of the foreclosure action in the Superior Court
of New Jersey, Chancery Division of Hudson County under Docket No. F-045436-13 is declared void;
and it is further
ORDERED, that the creditor, Prime Properties USA 2011, LLC is hereby directed to
discontinue the state court foreclosure action commenced in the Superior Court of New Jersey,
Chancery Division of Hudson County under Docket No. F-045436-13, within 10 days of the issuance
of this order.
