Epstein Secrets

its motion a designation of record and statement of issues. North Shore did not attach a brief. Subsequently, James P. Carroll, Chapter 7 Trustee ("Carroll"), filed a motion to dismiss this matter for lack of prosecution. North Shore did not file an opposition. On March 28, 2012, this Court entered an

ENTIAL — PURSUANT TO FED. R.cON(F IDENTIAL DB-SONY-0020028 EFTA_00 I 67772 EFTA01295869 Page 10 2012 U.S. Dist. LEXIS 93633, * 2 PrehjUdICO 10 Carroll The second Poulis factor considers prejudice to the appellee caused by the appellant's failure to meet scheduling orders and respond to discovery.

"did not comply with the Bankruptcy Rules for filing a brief within 15 days of the docketing of his appeal... or for providing for the transcript of the Bankruptcy Court proceedings..." noting that [HN8] "[e]ither of these violations is grounds for dismissal under Bankruptcy Rule 8001"). 4. Willfulness and Sod Fait

ed transfers made from Debtor Jeffrey Prosser to his wife, Defendant Dawn Prosser. Following trial, the jury returned a verdict in favor of Trustee Carroll and against Prosser. Thereafter, Prosser moved for judgment as a matter of law and, in the alternative, filed a ["2] "protective" motion for a new t

the assets. In addition, Prosser argues Carroll failed to prove Jeffrey Prosser's insolvency at the time of each transfer, an essential element of Carroll's claims, Carroll contends these two issues [*3] have been waived because Prosser failed to raise them in a motion for judgment as a matter of law

transfers of property belonging to the estate that occur after the commencement of the case and are not authorized under the Bankruptcy Code or by the Bankruptcy Court. 11 U.S.C. § 549(a); see also In re Pa. Gear Corp., 2008 WL 2370169, at *6. To prevail on this type of claim, a trustee must show that after the co

ling orders in this matter. See Poulis, 747 F.2d at 869. Alternatively, the Court could ["15] consider the propriety of ordering North Shore to pay Carroll's attorney's fees associated with filing the instant motion. See id. However, North Shore has made it clear that its financial resources available t

"did not comply with the Bankruptcy Rules for filing a brief within 15 days of the docketing of his appeal... or for providing for the transcript of the Bankruptcy Court proceedings..." noting that [HN8] "[ejither of these violations is grounds for dismissal under Bankruptcy Rule 8001"). 4. Willfulness and Sae Fait