Judge Killian

In re Bryant

Debtor filed a petition under chapter 7, and movant creditor filed a motion to dismiss the debtor's bankruptcy case, pursuant to 11 U.S.C.S. § 707(a), on the grounds that the debtor filed his case in bad faith. The court denied the debtor's motion for summary judgment and held a hearing on the creditor's motion.
Ruling: 
Case dismissed for bad faith where debtor led lavish lifestyle and filed solely to avoid creditor's judgment.
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Consumer case opionion summary, case decided on July 03,2012, LexisNexis #0712-129

In re Garvin

Creditor sought rehearing and reconsideration of the court's order approving modification of debtor's second amended chapter 13 plan via a determination that Fed. R. Bankr. P. 9024 allowed relief from a confirmation order for any reason listed in Fed. R. Civ. P. 60(b). Movant ultimately sought relief from the order based on excusable neglect.
Ruling: 
Relief from confirmation denied absent fraud.
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Consumer case opionion summary, case decided on September 22,2011, LexisNexis #1211-034

In re Prestige Motorcar Gallery Inc.

The trustee for a Chapter 11 debtor filed a motion for approval of the assumption and assignment of an unexpired lease pursuant to 11 U.S.C.S. § 365(a). The debtor's sole shareholder objected, suggesting that the trustee did not have the legal right to assume and assign the lease.
Ruling: 
Trustee's assumption and assignment of car dealership lease denied on objection of the lessor, debtor's sole shareholder.
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Commercial case opionion summary, case decided on September 13,2011, LexisNexis #1011-041

In re Cook

A chapter 7 trustee filed a motion for turnover of property of the estate, and a creditor filed a motion to prohibit use of cash collateral. The trustee argued that the debtor husband's post-petition earnings were actually dividends or distributions from non-exempt ownership interests in several corporations and thus, constituted property of the estate under 11 U.S.C.S. § 541(a)(6). The debtors contended that the monies were wages.
Ruling: 
Postpetition earnings that were really dividends were property of the estate.
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Consumer case opionion summary, case decided on August 08,2011, LexisNexis #0911-018

In re Davis Heritage GP Holdings LLC

Debtor LLC filed a petition under Chapter 11 of the Bankruptcy Code, and a creditor filed a motion for relief from the automatic stay, a motion to dismiss the debtor's case or for appointment of an examiner, and a motion for abstention. The court held a hearing on the creditor's motion.
Ruling: 
Case dismissed due to debtor's inability to reorganize and plan that could not be confirmed as not in best interests of creditors or not proposed in good faith.
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Commercial case opionion summary, case decided on January 03,2011, LexisNexis #0311-133

In re Shores of Panama Inc.

A general contractor (creditor) moved for relief from stay and to compel arbitration so that the parties might continue a pre-petition arbitration against debtor, a developer which had hired the creditor to build a condominium project. The creditor also sought to proceed against an irrevocable letter of credit that had been issued by a bank. At issue was whether there was cause to lift the automatic stay within the meaning of 11 U.S.C.S. § 362.
Ruling: 
Relief from stay granted to allow arbitration of condominium project dispute.
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Commercial case opionion summary, case decided on May 20,2008, LexisNexis #0708-002

In re Curcio

The moving parties, creditors of the debtor who held a personal injury claim against the debtor after a car accident, filed a motion to dismiss the case for abuse pursuant to 11 U.S.C.S. § 707(b)(1), asserting that a $14,000 check deposited in an account jointly titled with the debtor should have been included in the debtor's current monthly income (CMI) calculation.
Ruling: 
Funds deposited in joint account for sole benefit of debtor's companion were not income so that debtor fell below mean income.
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Consumer case opionion summary, case decided on April 22,2008, LexisNexis #0608-081

Venn v. Reinhard (In re Reinhard)

Plaintiff trustee filed an action against defendants, a debtor and his spouse, alleging that the debtor's exemption in his homestead real property was limited to $125,000, pursuant to 11 U.S.C. § 522(p), after the debtor claimed a homestead exemption under Fla. Const. art. X, § 4(c). The debtor filed a motion for partial summary judgment.
Ruling: 
Transfer of homestead interest from one property to another in the same state did not trigger limit.
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Consumer case opionion summary, case decided on October 16,2007, LexisNexis #1207-007

In re Welsh

Chapter 13 debtor filed a motion to set aside the requirements of 11 U.S.C. § 109(h) to obtain budget and credit counseling.
Ruling: 
Relief from credit counseling requirement denied absent exigent circumstances or inability to obtain counseling within five days of filing.
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Dees v. United States (In re Dees)

Defendant Government filed a motion for the court to abstain pursuant to 11 U.S.C. § 505(a)(1) in an adversary proceeding to determine the dischargeability of plaintiff debtors'potential tax liability under 11 U.S.C. §§ 523(a)(1) and 507(a)(8).
Ruling: 
Court abstained from determination of dischargeability of debtor's tax liability in no-asset case.
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