In Re: Christopher Mongiello

Background

Christopher M. Mongiello, identified as the debtor and appellant, submitted an application seeking reconsideration of requested relief related to a stay pending appeal, termination of Tiffany Eastman’s receivership, and certification of an eviction date. The filing also referred to a Chapter 13 bankruptcy case, No. 23-22732.

The opinion states that Eastman was appointed receiver by a state judge. Mongiello described a proposed real-estate sale and argued that Eastman improperly objected to it. The proposed contract identified a purchase price of $537,000 and included conditions concerning Eastman’s removal, consent, or resignation as receiver, as well as Mongiello’s continued possession of the property.

Mongiello’s Arguments

Mongiello argued that Eastman had waived rights to sale proceeds, receiver commissions, and certain receiver fees under an April 7, 2023 settlement agreement. He contended that Eastman’s objection to the proposed sale breached her fiduciary duties, meaning duties to act for the benefit of another in a relationship of trust. He sought Eastman’s removal and permission to proceed with the sale.

The filing asserted that rejecting the offer caused irreparable harm and claimed damages, including the value of alleged rent savings. These assertions were Mongiello’s positions in support of reconsideration, not findings by the court.

Ruling

The court denied the application. Its stated reason was that it could not remove a receiver appointed by a state judge, even if it wanted to, and that it did not want to do so.

The opinion did not make a merits determination about whether Eastman breached fiduciary duties, whether the proposed sale should be accepted, or whether Mongiello was entitled to the damages described in his filing. The ruling addressed the requested reconsideration and the court’s authority regarding the state-appointed receiver.