Northern District

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

Eglin Fed. Credit Union v. Horlacher (In re Horlacher)

Debtors filed a petition under chapter 7 of the Bankruptcy Code but failed to list a credit union as a creditor. The credit union filed an adversary proceeding against the debtors, claiming that a debt the debtors owed was nondischargeable under 11 U.S.C.S. § 523(a)(3)(A), and the court found that the debt was nondischargeable. The debtors filed a motion for reconsideration of the court's judgment.
Ruling: 
Debt owed to inadvertently omitted creditor held dischargeable on reconsideration.
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Consumer case opionion summary, case decided on March 07,2008, LexisNexis #0708-029

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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In re John

Following debtors'voluntarily conversion of their chapter 13 case to chapter 7, the newly-appointed chapter 7 trustee filed a Motion to Compel Turnover of Personal Property of debtors.
Ruling: 
Turnover ordered of property scheduled in chapter 13 petition and remaining in estate on date of conversion to chapter 7.
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In re Covert

A debtor filed a motion to extend the automatic stay under 11 U.S.C. § 362(a) as to all creditors.
Ruling: 
Motion to extend stay filed on 30th day after petition date denied as untimely.
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In re Cain

A creditor filed a motion for relief from a co-debtor stay under 11 U.S.C. § 1301(a) in a debtor's chapter 13 bankruptcy proceeding.
Ruling: 
Co-debtor stay did not apply to creditor's efforts to collect balance of debt from husband since debtor was no longer liable to creditor for that additional amount on confirmation of plan.
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In re University Center Hotel Inc.

A creditor filed an application, pursuant to 11 U.S.C. § 507(b), for superpriority treatment of its general administrative expense claim against a bankruptcy debtor based on a failure of adequate protection.
Ruling: 
Posting of supersedeas bond sufficient to make creditor whole made superpriority status for claim unnecessary.
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