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Powers v. SunTrust Bank

Feb
04
2011
Ruling
Debtor lacked standing to pursue action against lender which was not disclosed and became property of the estate.
Procedural posture

After defendant lender obtained a foreclosure judgment against plaintiff borrower, she filed a complaint alleging the lender failed to comply with 15 U.S.C.S. § 1635. Subsequently, the borrower filed a petition for bankruptcy relief. The court found, inter alia, that because the borrower failed to disclose the existence of the § 1635 action, pursuant to 11 U.S.C.S. § 541(a), it became the property of the bankruptcy estate. Therefore, because the bankruptcy trustee had exclusive standing over the action, the borrower lacked standing to pursue her claim against the lender.

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Consumer opinion summary, case decided on February 04, 2011 , LexisNexis #0311-017
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Gulfmark Offshore Inc. v. Bender Shipbuilding & Repair Co.

Nov
09
2009
Ruling
Action for breach of shipbuilding contract referred to bankruptcy court where debtor builder's involuntary case was pending.
Procedural posture

Plaintiff offshore company sued defendants, a shipbuilding company and its officers and directors, alleging breach of a contract to build vessels and related claims, including unjust enrichment and breach of fiduciary duty. The claims were stayed after commencement of a bankruptcy action for the shipbuilder. Pursuant to 28 U.S.C.S. § 157(a), the offshore company moved to refer the suit to the bankruptcy court. Defendants contested the motion.

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Commercial opinion summary, case decided on November 09, 2009 , LexisNexis #1209-025
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Gulfmark Offshore Inc. v. Bender Shipbuilding & Repair Co.

Aug
03
2009
Ruling
Claims against debtor shipbuilder's officers and directors were subject to automatic stay.
Procedural posture

Plaintiff sued defendants, a shipbuilding company and the shipbuilding company's officers and directors, alleging breach of contract and breach of fiduciary duty. The court stayed the action against the shipbuilding company, pursuant to 11 U.S.C.S. § 362, after it learned that the company was in bankruptcy, and plaintiff sought a ruling on whether the stay applied to its claims against the company's officers and directors.

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Commercial opinion summary, case decided on August 03, 2009 , LexisNexis #0909-040
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Mazon v. Tardif (In re Mazon)

Sep
09
2008
Ruling
Bankruptcy court erred in imposing surcharge on exempt assets.
Procedural posture

Appellant debtors sought review of an order of the Bankruptcy Court for the Middle District of Florida granting in part and denying in part a motion of appellee trustee to surcharge exemptions or exempt property pursuant to equitable authority under 11 U.S.C.S. § 105. The order allowed the trustee to administer and liquidate otherwise exempt assets of the bankruptcy estate.

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Consumer opinion summary, case decided on September 09, 2008 , LexisNexis #0908-130
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Mazon v. Tardif (In re Mazon)

Apr
28
2008
Ruling
Cabana associated with debtor's condominium was property of the estate and not subject to homestead exemption.
Procedural posture

Appellant debtors challenged an order from a bankruptcy court that recognized and imposed an equitable lien on their Florida condominium (condo) in favor of a judgment creditor and that declared their interest in a cabana associated with the condo to be property of the bankruptcy estate under 11 U.S.C.S. § 541.

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Consumer opinion summary, case decided on April 28, 2008 , LexisNexis #0508-093
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