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Bonanno v. 41 Sherbrooke Rd. LLC

Bankruptcy Judge's Actions Are Entitled to Judicial Immunity in Suit to Prevent Eviction

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MEMORANDUM AND ORDER Before the Court are the applications to proceed in forma pauperis filed by Bob Bonanno (“Bonanno”) and Doreen Michienzi (“Michienzi” and together, “Plaintiffs”), acting pro se. See Docket Entries (“DE”) 2, 9. Upon review, Plaintiffs’ applications to proceed in forma pauperis are granted. However, for the reasons that follow, the complaint is dismissed pursuant to 28 U.S.C. §1915(e)(2)(B). BACKGROUND 1. Summary of the Complaint Plaintiffs’ complaint is brought pursuant to 11 U.S.C. §362(a) and (k) against 41 Sherbrooke Rd, LLC (“41 LLC”), Ridgewood Savings Bank (“Ridgewood”), JP Morgan Chase Bank, NA (“Chase”), and United States Bankruptcy Court Judge Alan S. Trust (“Judge Trust”) and seeks to prevent or delay Plaintiff’s eviction from 502 South 9th Street, Lindenhurst, NY 11757 (the “Property”). (DE 1 in toto and at 1-2.) In so doing, Plaintiffs challenge rulings made by Judge Trust in a concluded bankruptcy proceeding. (Id.) Plaintiffs allege that “the defendants violated the automatic bankruptcy stay of 11 USC 362(a) in effect when [Plaintiffs][] filed bankruptcy petitions by selling the [Property] while the stay was in effect, transferring title…to 41 Sherbrooke Rd, LLC, which thereafter obtained a judgment of possession and warrant of eviction against the [P]laintiffs, all in violation of the automatic bankruptcy stays in effect.” (Id. 2.) According to the complaint, Ridgewood obtained a judgment of foreclosure and sale of the Property in 2018 in an action under Supreme Court, Suffolk County, Index No. 3326-2013 in which Plaintiffs were named as defendants. (Id.

6-7.) Accordingly, Ridgewood scheduled the sale of the Property and, although Bonanno filed a Chapter 7 bankruptcy petition two days prior to the sale date, the sale went forward as scheduled and Ridgewood sold the Property to 41 LLC on September 12, 2019. (Id.

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