Rosenberg v. DVI Receivables XIV LLC (In re Rosenberg)
Mar
23
2012
Ruling
Involuntary debtor's state law claims against petitioning creditors were preempted by § 303(i).
Procedural posture
Plaintiff putative chapter 7 debtor filed a complaint against defendants, petitioning creditors and banks, for attorney's fees, costs, and damages pursuant to 11 U.S.C.S. §§ 303(i) and 105. In addition, he sought to recover damages based on state law claims of abuse of process and malicious prosecution and state law theories of recovery such as respondeat superior. The petitioning creditors and banks moved to dismiss the complaint.
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Court
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8699 Biscayne LLC v. Indigo Real Estate LLC (In re 8699 Biscayne LLC)
Mar
22
2012
Ruling
Fraudulent transfer claim failed where debtor received reasonably equivalent value.
Procedural posture
Adversary plaintiff debtor in possession brought a claim against defendant creditors, alleging fraudulent transfers in violation of 11 U.S.C.S. § 548(a) and Fla. Stat. Ann. § 726.105(1)(b). The creditors moved for summary judgment on that cause of action. Various creditors had loaned the debtor $4,247,150 to be secured by the debtor's real property.
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Court
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- FRBP
In re Fisher Island Invs. Inc.
Mar
16
2012
Ruling
Dismissal of appeal vacated as Rule 8002 applied to all party appellants and appeal was timely filed.
Procedural posture
After the court dismissed an appeal as untimely under Fed. R. Bankr. P. 8002, the dismissed appellant requested reconsideration of the dismissal.
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Court
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In re Luban
Feb
27
2012
Ruling
Confirmation denied on trustee's objection given failure to commit all projected disposable income to plan.
Procedural posture
Debtors' case came before the court upon the chapter 13 trustee's Notice of Deficiency for Confirmation.
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Court
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In re Sanchez-Villalba
Feb
23
2012
Ruling
Plan ordered amended to include one quarter equity interest in property held by debtor.
Procedural posture
This cause came before the court for hearing upon the trustee's objection to confirmation of debtor's plan, based on the assertion that debtor owned 1/4 of certain real properties and therefore the value of 1/4 of the properties should be included in debtor's estate under 11 U.S.C.S. § 541.
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Court
:
- 11 U.S.C.
Dillworth v. Pichardo (In re Pichardo)
Jan
31
2012
Ruling
Trustee's adversary proceeding dismissed to the extent seeking to avoid fraudulent and preferential transfers as not brought within two year limitations period.
Procedural posture
After chapter 7 trustee commenced an adversary proceeding objecting to the debtor's discharge, objecting to his claimed exemptions, and seeking recovery of fraudulent and preferential transfers, defendants, the debtor and his non-debtor spouse, filed a motion to dismiss under 11 U.S.C.S. § 546. The debtor, individually, also filed a motion to dismiss.
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Court
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In re Harbour East Dev. Ltd.
Dec
05
2011
Ruling
Single asset real estate debtor's motion for recovery of maintenance and preservation expenses for condominium units denied.
Procedural posture
A chapter 11 debtor filed a motion for an order authorizing the use of cash collateral under 11 U.S.C.S. § 363(c)(2) and authorizing the recovery of maintenance and preservation expenses from property securing allowed claims pursuant to 11 U.S.C.S. § 506(c). It filed a supplemental motion for an order authorizing the use of cash collateral to obtain a supersedeas bond. A creditor that was the first-priority mortgage holder objected.
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Court
:
- 11 U.S.C.
In re JR Mortgs. Inc.
Dec
05
2011
Ruling
Foreclosure sale did not violate stay as debtor had no interest in property after prepetition judgment.
Procedural posture
Debtor, a corporation that had filed a chapter 7 case that had been closed due to debtor's failure to comply with certain requirements, moved to reopen the case in order to pursue sanctions against a creditor that it claimed to have willfully violated the automatic stay in 11 U.S.C.S. § 362. An affiliated person also sought other relief.
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Court
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In re Case C&C Dev. Group LLC
Nov
15
2011
Ruling
Appointment of interim trustee in involuntary case denied due to failure to show wasting of property.
Procedural posture
A petitioning creditor filed a motion to appoint an interim trustee pursuant to 11 U.S.C.S. § 303(g) or to enjoin an alleged debtor from disposing or encumbering estate property.
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Court
:
- 11 U.S.C.
In re Sarhan
Nov
15
2011
Ruling
Relief from stay granted to allow guardian for debtor's deceased mother to obtain order from probate court quantifying sanctions against debtor.
Procedural posture
The guardian for the now-deceased mother of debtor sought termination of the automatic stay in 11 U.S.C.S. § 362 to pursue a ruling from a state probate court quantifying the monetary sanctions to be awarded against debtor based on the state court's finding that debtor had improperly pursued frivolous claims.
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Court
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