AKF, Inc. v. Haven Transportation Business Solutions, Inc. et al

UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF NEW YORK
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AFK, Inc.,
Plaintiff, 	Case No. 26-01001-1-pgr (Misc.)
v. 	22-cv-00269 MAD-PJE
Haven Transportation Business
Solutions, Inc.,
Defendant.
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ORDER DETERMINING THAT HAVEN’S
DEBTS WERE NOT DISCHARGED
WHEREAS, this matter was referred to this Court by Order of the
Honorable Mae A. D’Agostino on May 19, 2026, for a determination as to whether
the claim(s) of Plaintiff AFK, Inc. (“AKF”) against Defendant Haven Transportation
Business Solutions, Inc. (“Haven”) have been discharged pursuant to 11 U.S.C. §
727; and
Signed this 27 day of May, 2026.
Patrick G. Radel
_______________________________
United States Bankruptcy Judge
So Ordered.
Case 1:22-cv-00269-MAD-PJE Document 73 Filed 05/27/26 Page 1 of 2

WHEREAS, Anthony Havelka-Chibici and Kimberly Chibici filed a joint
petition for relief under Chapter 7 of the Bankruptcy Code on November 7, 2023, in
the United States Bankruptcy Court for the Western District of Wisconsin (Docket
No. 1 in case number 1-23-11995-cjf); and
WHEREAS, Mr. and Mrs. Chibici disclosed joint ownership of Haven as an
asset in their bankruptcy case (Docket No. 1, in case number 1-23-11995-cjf, at p.
13); and
WHEREAS, Mr. and Mrs. Chibici received a discharge of debt pursuant to 11
U.S.C. § 727 on April 8, 2024 (Docket No. 35, in case number 1-23-11995-cjf); and
WHEREAS, bankruptcy discharges granted to corporate principals/owners
do not discharge obligations owed by and/or claims against a corporate entity, see In
re Goodman, 873 F.2d 598, 602 (2d Cir. 1989)( “Goodman's Chapter 7 liquidation
discharged all of his personal, pre-petition obligations, but did not discharge the
corporate debt of EG (of which he was the sole shareholder) and GPP (his wife’s new
company)”); and
NOW, THEREFORE, this Court finds that the discharge granted to Mr. and
Mrs. Chibici did not discharge any claims against and/or obligations of Haven,
including, but not necessarily limited to, any claim(s) held by AKF.
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Case 1:22-cv-00269-MAD-PJE Document 73 Filed 05/27/26 Page 2 of 2