ENB YYB v. PANTAGIS (2023)

Summary:

On remand, the Bankruptcy Court found that while under appropriate circumstances a trust may be represented by a sole beneficiary under applicable law, in this matter at the time of the June 13, 2023 hearing before the Honorable Kathryn C. Ferguson (Ret.), and as set forth in the Bankruptcy Court's decision entered on the record that day, the evidence before the Bankruptcy Court was insufficient to conclusively determine that Mr. Grossman was the sole beneficiary of the ENB Trust and that there were no creditors of the Trust.

However, the Bankruptcy Court found that Mr. Grossman timely filed a Motion to Extend Time to File a Notice of Appeal and met his burden of demonstrating excusable neglect and the Motion to Extend Time would be granted.