New York Eastern Bankruptcy Court

Case number: 1:26-bk-41941 - 313 52 Realty LLC - New York Eastern Bankruptcy Court

Case Information
Case title
313 52 Realty LLC
Chapter
11
Judge
Jil Mazer-Marino
Filed
04/22/2026
Last Filing
05/26/2026
Asset
Yes
Vol
v
Docket Header

PlnDue, DsclsDue




U.S. Bankruptcy Court
Eastern District of New York (Brooklyn)
Bankruptcy Petition #: 1-26-41941-jmm

Assigned to: Jil Mazer-Marino
Chapter 11
Voluntary
Asset


Date filed:  04/22/2026
341 meeting:  06/01/2026

Debtor

313 52 Realty LLC

1274 49th Street, Suite 357
Brooklyn, NY 11219
KINGS-NY
Tax ID / EIN: XX-XXXXXXX

represented by
Dawn Kirby

Kirby Aisner & Curley LLP
700 Post Road, Suite 237
scarsdale, NY 10583
9144019500
Email: [email protected]

U.S. Trustee

Office of the United States Trustee

Eastern District of NY (Brooklyn)
Alexander Hamilton Custom House
One Bowling Green
Room 510
New York, NY 10004-1408
(212) 206-2580
 
 

Latest Dockets
Date Filed#Docket Text
05/25/202621Docket Text
Order Granting Motion for 2004 Examination. The Debtor is authorized to issue one or more subpoenas to compel the production of documents from the Witness and to compel the Witness to appear for examination (Related Doc # 15). Signed on 5/25/2026. (jag) (Entered: 05/26/2026)
05/22/202620Docket Text
Affidavit/Certificate of Service Filed by Melissa A Pena on behalf of TD Bank, N.A. (RE: related document(s)16 Motion to Authorize/Direct filed by Creditor TD Bank, N.A., 17 Declaration filed by Creditor TD Bank, N.A., 18 Declaration filed by Creditor TD Bank, N.A., 19 Declaration filed by Creditor TD Bank, N.A.) (Pena, Melissa) (Entered: 05/22/2026)
05/21/202619Docket Text
Declaration of Melissa A. Pena in Support of TD Bank N.A.'s Motion to Excuse Turnover Filed by Melissa A Pena on behalf of TD Bank, N.A. (RE: related document(s)16 Motion to Authorize/Direct filed by Creditor TD Bank, N.A.) (Attachments: # 1 Exhibit A - Complaint (exhibits omitted) # 2 Exhibit B - Rent Receiver Motion (exhibits omitted) # 3 Exhibit C - Answer # 4 Exhibit D - Rent Receiver Opposition (exhibits omitted) # 5 Exhibit E - Receivership Order # 6 Exhibit F - Receiver Motion Order # 7 Exhibit G - Summary Judgment Order # 8 Exhibit H - Second Order of Reference # 9 Exhibit I - Secondary Appointments Order # 10 Exhibit J - JFS Application # 11 Exhibit K - Letter to Receiver (5-13-2026)) (Pena, Melissa) Modified on 5/22/2026 (jag). (Entered: 05/21/2026)
05/21/202618Docket Text
Declaration of Sean R. Jones in Support of TD Bank N.A.'s Motion to Excuse Turnover Filed by Melissa A Pena on behalf of TD Bank, N.A. (RE: related document(s)16 Motion to Authorize/Direct filed by Creditor TD Bank, N.A.) (Attachments: # 1 Exhibit A - Restated Note iao $4500000.00 11.4.19 (redacted) # 2 Exhibit B - Mortgage iao $4500000.00 11.4.19 (redacted) # 3 Exhibit C - Guaranty of Payment iao $4500000.00 11.4.19 (redacted) # 4 Exhibit D - AL&R iao $4500000.00 11.4.19 (redacted) # 5 Exhibit E - SOFR Modification Agreement 5.25.23 (redacted) # 6 Exhibit F - Master Agreement 5.25.23 (redacted) # 7 Exhibit G - 6+16+25+APP_ Redacted) (Pena, Melissa) Modified on 5/22/2026 (jag). (Entered: 05/21/2026)
05/21/202617Docket Text
Declaration of Isak Meryl in Support of TD Bank N.A.'s Motion to Excuse Turnover Filed by Melissa A Pena on behalf of TD Bank, N.A. (RE: related document(s)16 Motion to Authorize/Direct filed by Creditor TD Bank, N.A.) (Attachments: # 1 Exhibit A - Receivership Order # 2 Exhibit B - Receiver Motion Order # 3 Exhibit C - Notice to Attorn # 4 Exhibit D - Demand for Compliance # 5 Exhibit E - Email # 6 Exhibit F - Secondary Appointments Order # 7 Exhibit G - Rent Roll w Lease Charges # 8 Exhibit H - Cash_Flow_313_52nd_Cash # 9 Exhibit I - Proof Store Payment_Redacted # 10 Exhibit J - - Turnover Demand) (Pena, Melissa) Modified on 5/22/2026 (jag). (Entered: 05/21/2026)
05/21/202616Docket Text
Motion to Authorize/Direct TD Bank, N.A.'s Motion to Excuse Turnover Pursuant to 11 U.S.C. Sections 105(A) and 543. Objections to be filed on 07/08/2026 at 5:00 P.M.. Filed by Melissa A Pena on behalf of TD Bank, N.A.. Hearing scheduled for 7/15/2026 at 10:00 AM at Courtroom 3529 (Judge Mazer-Marino), Brooklyn, NY. (Attachments: # 1 Exhibit A Proposed Order Excusing the Receiver from Turnover and other requested relief) (Pena, Melissa) (Entered: 05/21/2026)
05/21/202615Docket Text
Motion for 2004 Examination of the Receiver and the Receiver's Professionals Filed by Dawn Kirby on behalf of 313 52 Realty LLC. (Attachments: # 1 Exhibit A - Order Appointing Receiver # 2 Exhibit B - Order Appointing Receiver's Professionals # 3 Exhibit C - Receiver's Refusal to Cooperate) (Kirby, Dawn) (Entered: 05/21/2026)
05/21/202614Docket Text
Affidavit/Certificate of Service of a Notice of Hearing on Debtors Motion for an Order Directing the State Court Receiver to Turnover Property of the Debtor in His Possession, Custody or Control Pursuant to 11 U.S.C. §543 together with Debtors Motion and Related Exhibits thereto. Filed by Dawn Kirby on behalf of 313 52 Realty LLC (RE: related document(s)13 Motion to Compel filed by Debtor 313 52 Realty LLC) (Kirby, Dawn) (Entered: 05/21/2026)
05/20/202613Docket Text
Motion to Compel the state court appointed receiver, Isak Maryl to comply with 11 U.S.C. § 543(a) and (b) and turnover all property of the Debtors estate Filed by Dawn Kirby on behalf of 313 52 Realty LLC. Hearing scheduled for 7/15/2026 at 10:00 AM at Courtroom 3529 (Judge Mazer-Marino), Brooklyn, NY. (Attachments: # 1 Motion to Compel Receiver Turnover # 2 Exhibit A - Receiver Appointment Order # 3 Exhibit B - Turnover Demand and Email Chain # 4 Proposed Order) (Kirby, Dawn) Modified on 5/21/2026 (jag). (Entered: 05/20/2026)
05/12/202612Docket Text
Affidavit/Certificate of Service of a Notice of Presentment of Amended Application to Employ and Retain Kirby Aisner & Curley LLP as Attorneys for the Debtor Effective as of January 5, 2026 together with Application and related exhibits Filed by Dawn Kirby on behalf of 313 52 Realty LLC (RE: related document(s)11 Application to Employ filed by Debtor 313 52 Realty LLC) (Kirby, Dawn) (Entered: 05/12/2026)