Southern District

Thal, In re

Ruling: 
Court ruled that IRS violated the discharge injunction of both debtors where its interceptionof funds proved to be intentional. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on May 01,2018, LexisNexis #0618-015

Hadfeg, In re

Ruling: 
Court ruled that the special rights of Florida condominium associations to collect associationfees and assessments does not trump the preclusive effect of a "cure" plan confirmed withoutobjection. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on April 30,2018, LexisNexis #0618-025

Sanomedics, Inc., In re

Ruling: 
Court quashed creditor’s discovery request as it was for the improper purpose of assisting its affiliate in a nonbankruptcy litigation. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on March 27,2018, LexisNexis #0518-093

Sixty One Sixty, LLC, In re

Ruling: 
Award of sanctions was not warranted as the court did not find that the debtor and itsmembers knew, or reasonably believed, that they were filing the petition for an improperpurpose. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on April 11,2018, LexisNexis #0518-088

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

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

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

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

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

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

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