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Judge Briskman

Rhodes, In re

Ruling: 
Mortgage company was subject to compensatory and punitive sanctions because its inexcusable and blatant failures to abide by orders of the court impinged on debtor's fresh start. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on February 03,2017, LexisNexis #0317-031

In re Woide

Ruling: 
Case reopened to allow creditor to seek to compel surrender of property. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on June 21,2016, LexisNexis #1216-007

Chiaro v. Rathel (In re Rathel)

Ruling: 
Loan debt was nondischargeable due to creditor's reliance on debtor's misrepresentations in granting an extension.
ABI Membership is required to access the full summary of Chiaro v. Rathel (In re Rathel). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 19,2014, LexisNexis #0914-086

Gaetaniello v. Gaetaniello (In re Gaetaniello)

Ruling: 
Debt owed to former spouse from proceeds of sale of residence was a dischargeable property settlement.
ABI Membership is required to access the full summary of Gaetaniello v. Gaetaniello (In re Gaetaniello). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 26,2013, LexisNexis #0813-089

In re Aliu-Otokiti

This matter came before the court on the chapter 7 debtor's verified motion to determine secured status and strip lien of a condominium association. An evidentiary hearing was held.
Ruling: 
Wholly unsecured second lien could be stripped off.
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Consumer case opionion summary, case decided on March 19,2013, LexisNexis #0413-047

In re Almeida

Debtors filed a petition under chapter 7 of the Bankruptcy Code and sought an order under 11 U.S.C.S. § 506(a) that stripped off a lien which a condominium association held on a condominium they owned. The court held a hearing on the debtors' motion.
Ruling: 
Condominium association's lien was subordinate to bank's lien, unsecured and could be stripped off.
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Consumer case opionion summary, case decided on March 18,2013, LexisNexis #0413-046

Zaslavsky v. Smith (In re Smith)

Creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a denial of the debtor's discharge under 11 U.S.C.S. § 727(a)(4)(A) based on the debtor's intentional concealment of assets.
Ruling: 
Misrepresentation of value of asset made without fraudulent intent was not grounds for denial of discharge.
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Consumer case opionion summary, case decided on January 31,2013, LexisNexis #0213-131

In re Smith

Chapter 13 debtor filed a motion to strip off a creditor's lien pursuant to 11 U.S.C.S. § 506.
Ruling: 
Junior lien that was unsecured based on parcels listed in description could be stripped off.
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Consumer case opionion summary, case decided on January 31,2013, LexisNexis #0313-010

In re Stephenson

This matter came before the court on a creditor's objection to debtor's claim of exemptions. An evidentiary hearing was held.
Ruling: 
Debtor's interest in non-entireties joint accounts were not exempt.
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Consumer case opionion summary, case decided on October 04,2012, LexisNexis #1112-045

In re Trimurti Invs. Inc.

A creditor filed a motion for the allowance and payment of an administrative expense pursuant to 11 U.S.C.S. § 503(b). Alternatively, the creditor moved for relief from the automatic stay to pursue its in rem rights against the debtor for non-payment of postpetition assessments.
Ruling: 
Condominium association granted administrative expense claim for actual, necessary services rendered postpetition to preserve the estate.
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Commercial case opionion summary, case decided on July 26,2012, LexisNexis #0812-046

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