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Toms River resident Hersch (Heshy) Goldstein, who has a history of taking money to host Pesach programs and then "losing all his money to financial scams" is now begging a judge to stop his vehicle from being repossessed, FAA News has learned.

According to his legal filing by Vineland Attorney Moshe Rothenberg Esq.:

On February 18, 2022, American Honda Finance Corporation financed the purchase of a 2022 Honda Pilot on behalf of Mr. Goldstein under a Retail Installment Contract. The vehicle was purchased from Plaza Honda in Brooklyn.

On July 21, 2022, Mr. Goldstein petitioned in court for approval to declare Chapter 13 bankruptcy. At the time the case was filed, Mr. Goldstein was current on his car loan. Part of his Chapter 13 bankruptcy filing plan was to continue paying for the vehicle through the Chapter 13 Trustee.

American Honda Finance filed an objection to the plan to the plan which was ultimately settled requiring the debtor to pay a net loan balance of $41,953.87 at 5% for a total of $47,503.28 over the duration of the 60-month plan.

Before the case was dismissed on July 19, 2023, American Honda Finance received $3,792 from the Chapter 13 Trustee.

Following the dismissal of the case, representatives of American Honda Finance have told Mr. Goldstein that the loan has been charged off and at this point, the only options are to pay off the car in full or surrender it - but not to reinstate the loan by paying the past due amount.

While this is accurate under New Jersey law, as the vehicle was financed in New York, and the company is based in California, under the applicable law, Mr. Goldstein should be given the opportunity to reinstate the loan by paying the past due amount.

However, the financing company has indicated that are planning to repossess the vehicle in the coming days.

As such, Mr. Goldstein beseeched the Court for a restraining order stopping the repossession of his vehicle.

The case was initially filed in New Jersey Superior Court, Chancery Division in Ocean County. It was subsequently transferred to the Law Division.

After consideration, Judge Robert Brenner signed a Temporary Order restraining the finance company from repossessing and selling the vehicle without first allowing Mr. Goldstein to reinstate the loan by paying the past due amount.

This temporary restraining order will be in place pending the return of the Order To Show Cause on October 13, 2023. Prior to that date, the finance company will be required to file Opposition papers "showing cause" why the restraining order should not be lifted at that point.

As previously reported here on FAA News, there are 2 pending lawsuits filed against Mr. Goldstein in response to his Atlantic City Pesach program fiasco.

Just days before Pesach, Mr. Goldstein emailed everyone who had placed reservations and alleged that he was the victim of a “huge financial scam” and was unsure if the Passover Program could continue as planned. Ultimately, the Pesach program was not held, and refunds were not given.

The lawsuits highlight that Mr. Goldstein did not provide any details or proof of the “huge financial scam” of which he claimed he was a victim.

"On information and belief, there was no actual financial scam of which the Defendants were a victim. Instead, it is believed that Goldstein failed to make required payments to the Claridge Hotel and that is the reason the Passover Program could not proceed. On information and belief, the funds that Plaintiff paid were diverted by the Defendants for their own benefit or the benefit of others," the suits charge.

Mr. Goldstein has filed motions to compel the matters to Bais Din. The Plaintiffs are opposing the motions. Oral arguments on the motions are scheduled to be held next Friday, September 22, 2023.

As previously reported here on FAA News, a judge has ordered the Sheriff to seize Mr. Goldstein's assets to repay a loan he borrowed from Yitzchok Neger to finance his 2020 Pesach program fiasco. The first stage of this process is to attempt to seize any available cash in the bank accounts. Once this is formally deemed to be unsatisfactory, then the Sheriff will be able to proceed to seize his house.

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1 comment:

Anonymous said...

I was a victim of his pesach program. Mr Goldstein promised us that within 90 business days the bank would send him back the funds that were "scammed from him that belonged to us. He Said bank was able to track money and was able to track it down .90 days has come and long gone and we have not heard a word . I believed at one point that he may have been scammed but not anymore.