Judge Paskay

DirecTV Inc. v. Deerey (In re Deerey)

Plaintiff judgment creditor filed a motion for summary judgment, seeking an order that defendant debtor could not discharge, pursuant to 11 U.S.C. § 523(a)(6), a debt owed to the creditor as a result of the debtor's willful violation of 47 U.S.C. § 605(e)(4).
Ruling: 
Debt owed due to willful piracy of creditor's stallite television system required hearing on issue of malice prior to determination of dischargeability.
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In re Chapin Revenue Cycle Mgmt. LLC

Creditor objected to confirmation of the debtor's proposes chapter 11 plan on the basis that the requirements of 11 U.S.C. § 1129 (a)(11) and (b)(2)(A) were not met. The creditor argued that the plan was not feasible, and that the plan improperly treated the creditor's unaccepting secured claim. The debtor moved for a cramdown.
Ruling: 
Court granted debtor's motion for cramdown and confirmed chapter 11 plan.
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In re Chapin Revenue Cycle Mgmt. LLC

A debtor filed a motion for an order determining that a software license agreement or end-user license agreement ("EULA") was not an executory agreement or, in the alternative, for authority to assume the EULA. A developer objected that the debtor's breach of the EULA foreclosed its assumption of the EULA under 11 U.S.C. § 365(b).
Ruling: 
Agreement was deemed executory contract, and debtor was allowed to assume contract under section 365(a).
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In re Adell

The debtor filed an emergency motion for reconsideration after the court entered an order dismissing his chapter 7 bankruptcy case pursuant to 11 U.S.C. § 707(a).
Ruling: 
Reconsideration of dismissal denied where debtor had purchased home in Florida with exempt assets in attempt to avoid creditors.
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In re Pruneski

Movant trustee sought turnover of respondent debtor's excess, non-exempt assets.
Ruling: 
Turnover of excess non-exempt assets after conversion to chapter 7 was denied since debtor had no equity in vehicles at time of filing under chapter 13.
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In re Southwest Fla. Heart Group P.A.

In a chapter 11 case, before the court was trustee's motion to assume lease agreement and lease agreement addendum involving an unexpired non-residential lease entered into by debtor and creditor.
Ruling: 
Motion to assume lease was denied since creditor had ownership interest and trustee could not sell property free and clear of that interest.
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Hydro Partners LLC v. Gilberti (In re Gilberti)

Plaintiff creditor sued defendant debtor. Count I alleged that the debtor was not entitled to discharge pursuant to 11 U.S.C. § 727(a)(4). Count II alleged that the debtor was not entitled to a discharge pursuant to 11 U.S.C. § 727(a)(2)(B). Count III asserted that the debt was excepted from discharge pursuant to 11 U.S.C. § 523(a)(2). The creditor moved for summary judgment. The debtor cross-moved for summary judgment on Count I.
Ruling: 
Debt was deemed nondischargeable since state court judgment satisfied elements of section 523(a)(2).
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In re Kelly

The United States Trustee filed a motion to convert debtors' reopened chapter 13 case to chapter 7 for the administration of undisclosed assets.
Ruling: 
Fraud was not grounds for converting chapter 13 case after confirmation completion and discharge.
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