Southern District

Clancy, In re

Ruling: 
Secured creditor had no legal or equitable right to recover tax and insurance escrow advancesmade after confirmation of the debtor's Chapter 13 plan as the creditor was bound by theterms of the modified plan under § 1327(a). (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on September 22,2020, LexisNexis #1120-022

Herrmann, In re--Bakst v. Herrmann

Ruling: 
Court granted judgment in favor of debtor as to all counts of the complaint and entered astandard order of discharge in Chapter 7 bankruptcy case. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on September 24,2020, LexisNexis #1120-016

Zaman, In re

Ruling: 
Debtor's failure to notify creditors or seek court approval of the guarantees at the time ofexecution estopped him from relying upon 11 U.S.C. § 363. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on September 03,2020, LexisNexis #1020-054

Seven Stars on the Hudson Corp., In re

Ruling: 
Case was dismissed for failure to meet statutory deadlines as debtor elected to proceed underSubchapter V after the applicable deadlines had passed. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on August 07,2020, LexisNexis #0920-070

Mamedes, In re--Del Franco v. Mamedes

Ruling: 
Court concluded that the settlement which merely provided for a stream of payments to bemade by defendant to plaintiff was not an executory contract under either the Countryman testor the functional analysis test. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on July 27,2020, LexisNexis #0920-005

Am. Res. Mgmt. Grp., LLC (DE, In re--Mukamal v. Scottsdale Ins. Co.

Ruling: 
Insurer's motion to withdraw reference was denied where determination of insurer’s duty todefend was best left in the bankruptcy court that had presided over the related cases for morethan a year. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on July 23,2020, LexisNexis #0920-020

Reynolds, In re--Mehdipour v. JPMorgan Chase Bank, N.A.

Ruling: 
Motion to dismiss denied where bankruptcy court's authority to determine whether fundswere estate property created a basis for subject matter jurisdiction. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on April 23,2020, LexisNexis #0620-065

Lyubarsky, In re

Ruling: 
Debtor husband who suffered from anxiety and provided evidence of emotional distresscaused by creditor's demands in violation of the automatic stay was due emotional distressdamages. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on April 17,2020, LexisNexis #0620-029

Grandparents.com, Inc., In re--Rizack v. Starr Indem. & Liab. Co.

Ruling: 
Fraudulent conveyance claim was not subject to dismissal where transfer made under theterms of a contract is not always for reasonably equivalent value. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on April 10,2020, LexisNexis #0620-015

Itapemirim, In re

Ruling: 
Movant had standing to prosecute the motion to dismiss because he qualified as an entityaffected by the recognition order. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on March 10,2020, LexisNexis #0420-073

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