Judge Paskay

Woodard v. Synovus Bank of Tampa Bay (In re Alford)

This proceeding came on for trial on a Complaint to Avoid and Recover Preferential and Fraudulent Transfers by plaintiff, the chapter 7 trustee, against defendants, a mortgagee and debtor's father. Default judgment having been entered against debtor's father, the trustee proceeded at trial only against the mortgagee, and only on Count I of the Complaint, under 11 U.S.C.S. § 547. The mortgagee counterclaimed seeking an equitable lien.
Ruling: 
Mortgagee not entitled to full sale proceeds of property in which debtor had one-half interest.
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Consumer case opionion summary, case decided on March 05,2009, LexisNexis #0509-103

In re Gonzalez

A debtor's attorney was ordered to show cause why his fees should not have been disgorged to the extent they were deemed excessive, pursuant to 11 U.S.C.S. § 329(a).
Ruling: 
Debtor's attorney ordered to disgorge fees to the extent determined extreme.
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Consumer case opionion summary, case decided on February 11,2009, LexisNexis #0509-073

In re Lykes Bros. S.S. Co.

The plan distribution trustee for the chapter 11 debtor moved to compel the United States to comply with a bankruptcy court order directing the United States to pay the plan distribution trustee a certain sum, which included a sum attributable to interest. The United States opposed the motion and moved for relief from the distribution order pursuant to Fed. R. Civ. P. 60(b)(4) and (5).
Ruling: 
Sovereign immunity with respect to interest portion of distribution order was waived when U.S. did not timely move for relief.
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Commercial case opionion summary, case decided on January 16,2009, LexisNexis #0209-094

McFarland v. United States (In re McFarland)

Plaintiff debtor husband and wife brought an adversary proceeding against defendant United States, seeking a determination that certain of the government's claims were not within the exception to discharge under 11 U.S.C.S. § 523(a)(7). The government moved to dismiss the complaint.
Ruling: 
Treble damages owed to government based on debtor's criminal fraud were not dischargeable.
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Consumer case opionion summary, case decided on January 14,2009, LexisNexis #0209-078

Jensen v. Bank of Am. Mortg. Capital Corp. (In re General Mortg. Corp. of Am.)

Plaintiff sued defendant mortgage assignees, seeking to recover an avoided transfer pursuant to 11 U.S.C.S. § 550. The trustee renewed her motion for summary judgment.
Ruling: 
Trustee could avoid transfer received by mortgage servicing agent on behalf of mortgagee.
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Commercial case opionion summary, case decided on November 17,2008, LexisNexis #0209-138

In re Peninsular Oil Corp.

A claimant filed a motion pursuant to Fed. R. Bankr. P. 9006(b)(1) to allow a late-filed proof of claim in a chapter 11 debtor's case. The claimant also filed a motion for a stay pending reconsideration, and a motion for reconsideration, of a court order, which approved the sale of certain of the debtor's assets, the proposed distribution of the proceeds to holders of allowed claims, and the discharge and release of the debtor's managing agent.
Ruling: 
Creditor's preoccupation with business affairs was not excusable neglect that would allow filing of proof of claim two years after bar date.
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Commercial case opionion summary, case decided on October 27,2008, LexisNexis #0209-140

In re Talisman Marina Inc.

In this dismissed chapter 11 case filed by respondent debtor corporation (debtor), movant state court litigants (movants) filed a motion for reconsideration or rehearing of an order denying their motion for sanctions against the debtor and respondents, the debtor's president and the debtor's counsel, under Fed. R. Bankr. P. 9011 and 11 U.S.C.S. § 105.
Ruling: 
Denial of sanctions against debtor and debtor's president and counsel affirmed on reconsideration absent factual evidence.
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Commercial case opionion summary, case decided on October 16,2008, LexisNexis #1108-037

Stathopoulos v. Leader Healthcare Mgmt. (In re Safe Harbour Fla. Health Care Props.)

Plaintiff, a chapter 7 trustee, filed an adversary proceeding against defendants, a management company and individuals. The company and individuals filed a motion for summary judgment, arguing that there were no genuine issues of material fact and that they were entitled to a resolution of their claims in their favor, as a matter of law, under on the doctrine of equitable estoppel, and a dismissal of the complaint.
Ruling: 
Debtors who did not comply with proper settlement procedure could not claim estoppel on basis of settlement after conversion to chapter 7.
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Commercial case opionion summary, case decided on October 07,2008, LexisNexis #1108-070

Tardiff v. Congro Finanz AG (In re Engler)

Two related debtors filed for relief under chapter 7 of the Bankruptcy Code. Plaintiff trustee filed two adversary proceedings against defendant judgment creditors, pursuant to 11 U.S.C.S. § 547, alleging that the creditors improperly received transfers from the debtors through garnishment proceedings. The creditors filed a motion to dismiss and a motion for summary judgment and the trustee filed a motion for summary judgment.
Ruling: 
Garnishments within 90 days of petition date couild be avoided.
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Consumer case opionion summary, case decided on September 05,2008, LexisNexis #1108-045

In re Miller

Chapter 7 debtors, a husband and wife, filed a motion pursuant to 11 U.S.C.S. § 524(a)(2) for contempt sanctions against a creditor and its counsel for violating the discharge injunction.
Ruling: 
Creditor sanctioned for pursuing state court action against debtor in willful violation of discharge injunction.
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Consumer case opionion summary, case decided on March 26,2008, LexisNexis #0508-065

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