Judge Isicoff

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

Nestor, In re

Ruling: 
Debtor's special counsel was not entitled to compensation for work on pre-authorizationlawsuit or matters outside the scope of work authorized by the court. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on September 26,2019, LexisNexis #1119-056

Campbell, In re

Ruling: 
Trustee's objection to debtor's plan overruled where debtor's ad valorem taxes were nothousehold expenses and were properly deducted as part of marital adjustment. (Bankr. S.D.Fla.)
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Consumer case opionion summary, case decided on February 15,2019, LexisNexis #0419-022

Trujillo, In re

Ruling: 
Corporate defendants were property of the bankruptcy estate as trustee established equitable ownership and the debtor and his wife were the only recipients of distributions from the various corporate defendants. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on January 02,2019, LexisNexis #0219-035

Hane, In re--Coltefinanciera, S.A. v. Hane

Ruling: 
Defendant's motion for partial summary judgment was granted as bank's position that thedebtor's allegedly false statements, misrepresentations and non-disclosures was inconsistentwith the express provisions of the statute. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on December 27,2018, LexisNexis #0219-008

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

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

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

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.)
ABI Membership is required to access the full summary of Ortega, In re--Interamerican Asset Mgmt. Fund Ltd. v. Ortega. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 21,2017, LexisNexis #0717-103

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