1:22-cv-00269•AKF, Inc. v. Haven Transportation Business Solutions, Inc. et al
AKF, Inc. v. Haven Transportation Business Solutions, Inc. et al
1:22-cv-00269Nynd27 de mai. de 2026
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UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF NEW YORK ------------------------------------------------------- X AFK, Inc., Plaintiff, Case No. 26-01001-1-pgr (Misc.) v. 22-cv-00269 MAD-PJE Haven Transportation Business Solutions, Inc., Defendant. ----------------------------------------------------------------------------------- X 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. ### Case 1:22-cv-00269-MAD-PJE Document 73 Filed 05/27/26 Page 2 of 2
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