Opinion
BK No. 96-13776
September 11, 2002
Charles Pisaturo, Esq., Law Offices of Charles A. Pisaturo, Jr., Providence, RI, Chapter 7 Trustee.
Peter G. Berman, Esq., Raskin Berman, Providence, RI, for Erwin Strasmich.
Frederick A. Costello, Esq., Flaherty, Butterfield Costello, Warwick, RI, for Amitie Bellini.
ORDER DENYING (1) PROPOSED PAYMENT AND (2) MOTION TO STRIKEIn the instant motion entitled "Claim of Amitie Bellini," Amitie Bellini is a judgment creditor of Erwin Strasmich, a general partner of the Debtor. Bellini freely admits that she is not a creditor of this estate but wishes to stand in the shoes of Erwin Strasmich vis-a-vis any claim Strasmich has against the estate. Strasmich, who was a creditor in the amount of $43,927, assigned $21,963 of said claim to Rhode Island Depositors Economic Protection Corporation. Subsequent to the assignment, Strasmich withdrew the balance of his claim, and so he now has no claim against the estate. The claims bar date in this case expired on May 29, 2001, and there are sufficient assets on hand to pay all creditors in full, plus interest, and return substantial real estate and money to the Debtor partnership.
The Movant has provided no authority or precedent to support the relief requested. Because Erwin Strasmich has no claim pending against this estate, and since the claims bar date has expired, it is beyond this Court's authority to even consider, let alone grant the relief requested. While Bellini may have other rights regarding Strasmich's general partnership interest, such issue is not before this Court, and I doubt that the Bankruptcy Court is the proper forum for Bellini to be pursuing such rights.
Accordingly, Bellini's request for relief is DENIED.