Dec
21
2017
Gamboa, In re
Ruling:
Judgment creditors' objections to debtor's homestead exemption claim denied where evidence established that when he filed the case, debtor was living on the property and had the intent to permanently reside there. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on December 21,2017, LexisNexis #0218-040
Aug
14
2017
Fontainebleau Las Vegas Holdings, LLC, In re
Ruling:
Supplemental fee applications disapproved as they satisfied neither the requirements forallowance as professional compensation nor the requirements for allowance asadministrative expenses. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on August 14,2017, LexisNexis #0917-062
Jul
25
2017
Martinez, In re
Ruling:
Motion to value denied where debtor was not attempting to value the property nor strip down a lien, instead debtor simply wanted to modify the note's interest rate and finish paying the plan. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on July 25,2017, LexisNexis #0917-056
Jul
27
2017
Rollaguard Sec., LLC, In re
Ruling:
Debtors' deposits on their own unrestricted accounts were not "transfers." (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on July 27,2017, LexisNexis #0917-032
Jul
24
2017
Kurzban, In re
Ruling:
Bank motion to reopen case denied as bank dismissed the foreclosure case pending at the time of the 2009 bankruptcy case and thereafter entered into a loan modification procedure with the debtors. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on July 24,2017, LexisNexis #0917-037
Aug
01
2017
Ocean 4660 LLC, In re
Ruling:
Creditor was personally liable for excess costs, expenses, and attorney's fees incurred as aresult of the creditor's vexatious conduct. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on August 01,2017, LexisNexis #0917-026
Jun
21
2017
Ortega, In re--Interamerican Asset Mgmt. Fund Ltd. v. Ortega
Ruling:
Collateral estoppel did not apply to plaintiffs where foreign court did not find debtor's actual fraud or intent to defraud. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on June 21,2017, LexisNexis #0717-103
Apr
25
2017
Scott, In re
Ruling:
Enforcement of order to surrender homestead property granted as the debtor was bound by the confirmed plan which provided that debtor would surrender her homestead property. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on April 25,2017, LexisNexis #0517-146
Mar
23
2017
Massa Falida Do Banco Cruzeiro Do Sul S.A., In re--Laspro Consultores LTDA v. Alinia Corp.
Ruling:
Foreign representative had the capacity to sue two British Virgin Islands companies whose principals allegedly orchestrated a diversion of funds from a Brazilian bank through a fraudulent loan scheme which were used to purchase properties recovered by the foreign representative. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on March 23,2017, LexisNexis #0417-115
Feb
14
2017
Arm Ventures, LLC
Ruling:
Court denied the bank's motion to dismiss the LLC's case without prejudice to give the LLCtime to propose another plan. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on February 14,2017, LexisNexis #0317-082
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