Board of Trustees v. Quinones (In re Quinones)

MEMORANDUM REGARDING DEFENDANTS’ COUNTER MOTIONS FOR SANCTIONS

I. Introduction and Procedural History;

Plaintiffs, the Boards' of Trustees (“Laborers Board” or “Cement Masons *641 Board”, collectively, the “Boards”) of various employee benefit trust funds (the “Laborers Trust Funds” or the “Cement Masons Trust Funds”) 1 filed the above-captioned adversary proceedings against Defendants-Debtors, Jorge and-Lidia Quinones (“Jorge” or “Lidia” or “the Quinoneses”, as the context may require) to have certain debts declared nondischargeable pursuant to § 523(a)(2)(A), (a)(4), and (a)(6) of the Bankruptcy Code 2 . Prior to trial, the Boards filed in each adversary proceeding a Motion to Dismiss Adversary Proceeding (collectively, the “Motions to Dismiss”) pursuant to Federal Rule of Bankruptcy Procedure (“FRBP”) 7041, which incorporates Federal Rule of Civil Procedure (“FRCP”) 41. In response, the Quinoneses filed a Counter Motion for Order Determining Prevailing Party (collectively, the “Counter Motions Re Prevailing Party”) in each adversary proceeding (individually, the “Laborers AP” or the “Cement Masons AP”, collectively, the “APs”). The Court is determining the Motions to Dismiss…