Opinion
15 Civ. 1106 (LGS)
08-02-2021
In re THE ALPHAS COMPANY OF NEW YORK INC., Debtor. v. JOHN S. PEREIRA, as Trustee, Appellee. PETER ALPHAS., Appellant,
ORDER
LORNA G. SCHOFIELD, District Judge:
WHEREAS, Peter Alphas appealed two bankruptcy court orders pertaining to the corporation for which he is the sole principal and shareholder, the Alphas Company of New York, Inc. (“the Debtor”), and on January 27, 2016, the Court affirmed the bankruptcy court's orders approving the settlement and shortening the notice period. Dkt. No. 34.
WHEREAS, on January 28, 2016, this case was closed. Dkt. No. 35.
WHEREAS, between January 26, 2021, and January 28, 2021, Mr. Alphas sent the emails attached as Exhibits A through F to the Chambers email account.
WHEREAS, Mr. Alphas moves to reopen the bankruptcy settlement based on alleged fraud (the “Motion”). See Exhibits A-F.
WHEREAS, this is not the proper venue in which to reopen the bankruptcy settlement. The settlement may be reopened in bankruptcy court “to administer assets, to accord relief to the debtor, or for other cause.” In re Euro-American Lodging Corp., Fed. A'ppx 52, 53 (2d Cir. 2014) (citing 11 U.S.C. § 350(b)); accord In re Avaya, Inc., No. 19 Civ. 5987, 2020 WL 5051580, at * 2 (S.D.N.Y. Apr. 30, 2020). It is hereby
ORDERED that the Motion is DENIED. This case remains closed. However, Mr. Alphas is reminded that all submissions to the Court must be publicly filed and that parties shall only email submissions to Chambers when directed to do so.
The Clerk of Court is respectfully directed to mail a copy of this Order to Mr. Alphas, who is proceeding pro se.