In re Antar
Apr
12
2013
Ruling
Involuntary petition allowed to proceed as debtor was not paying debts as they came due.
Procedural posture
Three petitioning creditors filed an involuntary chapter 7 petition against the alleged debtor and the debtor moved for summary judgment in his favor to dismiss or strike the petition. Petitioning creditors filed a cross motion for summary judgment.
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Court
:
- 11 U.S.C.
In re Shahegh
Jan
28
2013
Ruling
Objection to exemption of vehicle that was not entireties property sustained.
Procedural posture
Chapter 7 trustee objected to the debtor's claimed exemption of a vehicle pursuant to 11 U.S.C.S. § 522(b)(3)(B).
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Court
:
- 11 U.S.C.
In re Lamelas
Jan
25
2013
Ruling
Bank granted relief from stay to proceed with foreclosure but not to proceed with sale absent further approval from court.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code, and a bank that held a mortgage on property the debtor owned requested relief from the stay that was imposed pursuant to 11 U.S.C.S. § 362 when the debtor declared bankruptcy so it could proceed with a foreclosure action in state court. The court held a hearing on the bank's motion.
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Court
:
In re Romero
Jan
18
2013
Ruling
Confirmation granted over trustee's objection as business expenses were properly deducted from current monthly income calculation.
Procedural posture
Chapter 13 trustee objected to confirmation of the debtor's chapter 13 plan.
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Court
:
- 11 U.S.C.
In re Bertan
Jan
18
2013
Ruling
Debtor could strip off wholly unsecured second lien.
Procedural posture
The debtors filed a motion to determine the value and secured status of a lien on debtors' real property held by a secondary creditor.
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Court
:
- 11 U.S.C.
Mukamal v. American Express Co. (In re Arrow Air Inc.)
Dec
12
2012
Ruling
Transfers by debtor airlines to financial services company were not avoidable absent factual basis for finding of fraud.
Procedural posture
Plaintiff liquidating trustee filed an adversary proceeding against defendant financial services company, seeking a determination that he was entitled under 11 U.S.C.S. §§ 544(b), 547(b), 548(a)(1)(A) and (B) and Fla. Stat. §§ 726.105 and 726.106 to avoid transfers two airline companies made to the financial services company before they declared chapter 11 bankruptcy. The financial services company filed a motion to dismiss.
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Court
:
In re Antar
Dec
11
2012
Ruling
Petitioning creditor could set off bond pending appeal against judgment debt owed by involuntary debtor.
Procedural posture
One of the petitioning creditors filed a motion to stay payment of a bond pending appeal and for enlargement of time to post the bond.
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Court
:
- 11 U.S.C.
In re Perez
Nov
30
2012
Ruling
Debtor who owned homestead property by entireties with nondebtor spouse was not entitled to exemption in personal property.
Procedural posture
A bankruptcy debtor claimed exemptions in personal property based on the lack of a homestead exemption in property which the debtor owned with the debtor's non-debtor spouse as tenants by the entireties. The bankruptcy trustee objected to the claimed exemptions.
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Court
:
- 11 U.S.C.
Rosenberg v. DVI Receivables XIV LLC (In re Rosenberg)
Sep
11
2012
Ruling
Involuntary debtor allowed fees and costs for defending appeal of dismissal and for adversary proceeding against petitioning creditors.
Procedural posture
Plaintiff alleged debtor filed a complaint against defendants, petitioning creditors and their loan servicer, seeking an award of attorneys' fees and costs under 11 U.S.C.S. § 303(i)(1). In a previous order, the court dismissed the alleged debtor's claims against additional parties. Reference was withdrawn with respect to the alleged debtor's claim under § 303(i)(2), as the petitioning creditors were entitled to a jury trial on that issue.
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Court
:
- 11 U.S.C.
In re Kelson
Sep
10
2012
Ruling
Condominium association's claim for special assessment was unsecured.
Procedural posture
A creditor of chapter 13 debtor, a condominium association, filed a motion for relief from the automatic stay. If the motion was denied, the parties sought a determination as to whether a claim by the association against the debtor for a special assessment was properly classified as unsecured debt or if the special assessment had to be included in the debtor's postpetition chapter 13 plan payments.
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Court
: