Judge McEwen

Feshbach,In re--Feshbach v. United States Dep't of Treasury

Ruling: 
Debt was nondischargeable where debtors willfully attempted to evade their tax debt byspending millions of dollars on their upscale lifestyle rather than paying down their debt.(Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on October 14,2017, LexisNexis #1117-076

Jocelyn, In re

Ruling: 
Court declared sale in foreclosure action void ab initio as having been held in violation of theautomatic stay. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on October 05,2017, LexisNexis #1117-037

Velazquez, In re

Ruling: 
Court ordered LLC to modify its corporate training manual for reaffirmation agreements as the LLC violated Rule 9011(b)(3) by making factual contentions regarding the value of the debtors' collateral without sufficient evidentiary support. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on May 17,2017, LexisNexis #0717-059

In re Blue Stone Real Estate

A creditor objected to the post-confirmation invoices of a distribution agent in six affiliated cases
Ruling: 
Objection to postconfirmation invoices of distribution agent in six affiliated cases overruled as requests were reasonable.
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Commercial case opionion summary, case decided on January 04,2013, LexisNexis #0213-039

In re Smith

Debtor filed a motion to approve early payoff of chapter 13 plan and request for additional presumptively reasonable fee. The motion for early payoff sought court approval for debtor to complete her chapter 13 plan earlier than the statutorily mandated applicable commitment period under 11 U.S.C.S. § 1325(b)(4) by immediate payment of a lump sum equal to the amount due her creditors under the confirmation order. The chapter 13 trustee objected.
Ruling: 
Motion for early payoff of chapter 13 plan that was unopposed by creditors granted over trustee's objection.
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Consumer case opionion summary, case decided on June 06,2011, LexisNexis #0711-098

In re Levi

A debtor filed a motion for summary judgment on his motion to avoid the creditor's judgment lien, pursuant to 11 U.S.C. § 522(f). The creditor filed a motion for summary judgment in opposition.
Ruling: 
Charging lien arising by operation of law was not a judicial lien and not avoidable.
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Consumer case opionion summary, case decided on October 16,2007, LexisNexis #1107-060

In re Williams

In an earlier proceeding, the court dismissed the debtor's case filed under chapter 13 because the debtor did not make certain required filings and did not attend the scheduled meeting of the creditors. The debtor filed a motion to reconsider the order dismissing the case and to permit the debtor an enlargement of time to cure the filing deficiencies.
Ruling: 
Case dismissal was affirmed since debtor did not make request for extension of time to cure filing deficiencies within the allowed 45 days from filing period.
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