- 11 U.S.C.
Colony Beach & Tennis Club, Ltd., In re
Dec
13
2017
Ruling
Penalty claim was not entitled to administrative status as it did not relate to any tax owed bydebtor or the bankruptcy estate. (Bankr. M.D. Fla.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed; Estate
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United States Pipe & Foundry Co., In re--United States Pipe & Foundry Co. v. Adams
Nov
07
2017
Ruling
Debtor's motion for judgment denied as the law required that there must be a minimum amount of knowledge by the claimants of the debtor's pre-confirmation conduct before an actual claim may be established properly. (Bankr. M.D. Fla.)
Issue(s)
Definitions; “Claim”.
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- 11 U.S.C.
Kardash, In re
Sep
21
2017
Ruling
Debtor's motion for summary judgment granted where transferee liability was not entitled to priority and was, at most, a general unsecured claim. (Bankr. M.D. Fla.)
Issue(s)
Priorities; Order of Priorities; Unsecured Governmental Claims.
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:
- 11 U.S.C.
Bhalla, In re--China Cent. TV v. Bhalla
Aug
18
2017
Ruling
Debtor intentionally engaged in malicious acts which were certain to cause injury anddamage to the plaintiffs without just cause, thus, the plaintiffs were entitled to damages.(Bankr. M.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.
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- 11 U.S.C.
In re Exume
Dec
02
2016
Ruling
Nonexempt portion of insurance proceeds and assets bought with the proceeds were propertyof the estate and subject to turnover. (Bankr. M.D. Fla.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; All Legal or Equitable Interests.
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- 11 U.S.C.
Kapila v. Gregory E. Matton P.A. (In re Am. Managed Care LLC)
Jun
28
2016
Ruling
Transfers to law firm and lawyer within two years of petition date were avoidable.
Issue(s)
Were transfers to law firm and lawyer within two years of petition date avoidable?
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:
- 11 U.S.C.
Kapila v. Warburg Pincus LLC (In re Universal Health Care Group Inc.)
May
06
2016
Ruling
Motion to dismiss fraudulent transfer proceeding denied.
Issue(s)
Should trustee's proceeding to avoid payments made by debtor to redeem preferred stock be dismissed?
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- 11 U.S.C.
In re Smith
Feb
18
2016
Ruling
Trustee's objection to claimed exemption in tax refund held by debtors as entireties property overruled.
Issue(s)
Whether tax refund was held by debtors as tenants by the entireties (TBE) and whether debtors, as joint debtors, could utilize 11 U.S.C.S. § 522(b)(3)(B) to exempt the refund.
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Hibbard v. General Electric Credit Union (In re Hibbard)
Nov
13
2015
Ruling
Trustee's attorneys' fees awarded with significant reductions based on lodestar calculation.
Issue(s)
Was chapter 7 trustee entitled to an award of attorneys' fees and costs over debtor's objection?
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- 11 U.S.C.
Gonzalez v. Anthony (In re Anthony)
Sep
17
2015
Ruling
Defamation claim was dischargeable where debtor's utterance was neither willful nor malicious.
Issue(s)
Was defamation claim nondischargeable on grounds of willful or malicious injury?
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