- 11 U.S.C.
Bakst v. Bank Leumi, USA (In re D.I.T., Inc.)
Dec
22
2016
Ruling
Trustee's allegations of fraudulent transfer not sufficient to support avoidance of debtor'spayments to its commercial lender. (Bankr. S.D. Fla.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Actual Intent to Hinder, Delay, or Defraud.
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Court
:
- 11 U.S.C.
In re Daya Meds., Inc.
Nov
14
2016
Ruling
State court receiver’s attempt to gain control of debtor’s intellectual property violated theautomatic stay. (Bankr. S.D. Fla.)
Issue(s)
Automatic Stay.
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Court
:
- 11 U.S.C.
Heartwood 4 LLC v. Tabor (In re Tabor)
Jun
24
2016
Ruling
Creditor could amend complaint for denial of discharge to add newly discovered fraud claim.
Issue(s)
Could complaint in proceeding for denial of discharge be amended to add newly discovered fraud claim?
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Court
:
Menotte v. Gassan (In re Tabor)
Jun
17
2016
Ruling
Dismissal of fraudulent transfer proceeding denied.
Issue(s)
Should trustee’s fraudulent transfer proceeding be dismissed due to lack of standing and failure to state a claim?
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Court
:
- FRBP
Worrell v. Emigrant Mortg. Co. (In re Worrell)
May
09
2016
Ruling
Debtor's counsel sanctioned for contesting valid foreclosure sale that took place when the automatic stay was not in effect.
Issue(s)
Were sanctions warranted against debtor's counsel for pursuing complaint for violation of stay where stay was not in effect when the foreclosure sale in question took place?
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Court
:
- 11 U.S.C.
Johnson v. United States (In re Johnson)
Apr
18
2016
Ruling
Taxes owed for years for which debtor failed to file returns were nondischargeable.
Issue(s)
Whether a debtor may obtain a discharge from a tax debt owed to the IRS if he files a late return?
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Court
:
Heartwood 4 LLC v. Tabor (In re Tabor)
Apr
12
2016
Ruling
Trustee's complaint objecting to debtor's homestead exemption where debtors changed the designation of their homestead dismissed.
Issue(s)
Were debtors barred from claiming an exemption in a house when they had previously claimed a condominium they owned as their homestead?
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Court
:
- 11 U.S.C.
In re Intl Oil Trading Co. LLC
Feb
08
2016
Ruling
Holder of judgment that was not subject to bona fide dispute was an eligible petitioning creditor.
Issue(s)
Was judgment holder an eligible petitioning creditor in debtor's involuntary case?
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Court
:
PAH Co. v. Eliopoulos (In re Eliopoulos)
Jun
26
2015
Ruling
Denial of discharge denied where debtor had not acted to hinder, delay or defraud creditors.
Issue(s)
Should debtor architect's discharge be denied due to alleged transfers to hinder, delay or defraud creditors?
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Court
:
- 11 U.S.C.
Petroleum Realty I LLC v. McCravy (In re McCravy)
Jun
16
2015
Ruling
Debt was nondischargeable due to debtor's willful and malicious transfer of assets to corporate alter ego to hinder and delay creditors.
Issue(s)
Was debt nondischargeable due to debtors willfully and maliciously injuring PRIP by actively impeding PRIP's attempts at collection on a judgment?
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Court
: