- FRBP
In re Allen
Jun
21
2011
Ruling
Debtors could amend schedules to delete homestead exemption in favor of wild card exemption after running of deadline for objections.
Procedural posture
After the initial objection deadline, chapter 7 debtor sought to amend their schedule of exempt property to delete the homestead and to add personal property claimed exempt under Fla. Stat. Ann. § 222.25(4). The trustee objected to the amended claimed exemptions.
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Court
:
- 11 U.S.C.
In re British Am. Isle of Venice Ltd.
Dec
23
2010
Ruling
Petitioner who represented debtor's parent, debtor's largest creditor, in other bankruptcy cases was eligible to seek recognition of foreign main proceeding.
Procedural posture
Petitioner was appointed by the High Court of Justice, British Virgin Islands, Commercial Court (the "BVI court"), to liquidate a British Virgin Islands corporation that conducted business in the United States, and he filed a petition in the bankruptcy court which asked the court to recognize the action in the BVI court as a foreign main proceeding under 11 U.S.C.S. § 1517(b)(1). A creditor opposed the petition.
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Court
:
Welt v. EfloorTrade LLC (In re Phoenix Diversified Inv. Corp.)
Nov
01
2010
Ruling
Court declined to abstain from adversary proceeding for professional malpractice by debtor's accountants.
Procedural posture
Bankruptcy trustee brought an adversary proceeding against accountants alleging that the accountants engaged in professional malpractice and aiding and abetting breaches of fiduciary duty by preparing an insufficient financial statement which facilitated a Ponzi scheme perpetrated by a principal of the bankruptcy debtor. The accountants moved to dismiss the complaint or for permissive abstention.
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Court
:
- 11 U.S.C.
In re Rogove
Sep
17
2010
Ruling
Neither prepetition nor postpetition distributions from inter vivos trust were property of the estate.
Procedural posture
Chapter 7 trustee filed an application for turnover pursuant to 11 U.S.C.S. § 542(a), requesting turnover of funds received by the debtor as distributions from a trust.
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Court
:
- 11 U.S.C.
In re Watford
Apr
13
2010
Ruling
Interest in out of state property held by debtor as tenant in common was property of the estate and not exempt.
Procedural posture
The chapter 7 trustee filed objections to the claimed exemptions of the debtor for her interest in real property in the State of Georgia and for her vehicle under Fla. Stat. § 222.25(4). The trustee and the debtor each moved for summary judgment.
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Court
:
- 11 U.S.C.
In re British Am. Ins. Co.
Mar
22
2010
Ruling
Insolvency proceeding in Saint Vincent and the Grenadines, where debtor had subsidiary, recognized as foreign main proceeding.
Procedural posture
Petitioners, judicial managers who were appointed by courts in the Commonwealth of the Bahamas and in Saint Vincent and the Grenadines ("SVG") to manage the operations of an insurance company, filed separate petitions under chapter 15 of the U.S. Bankruptcy Code, seeking recognition of proceedings filed in those courts. A Florida limited liability company (LLC) opposed both petitions.
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Court
:
- 11 U.S.C.
Govero v. Axelrod (In re Govero)
Feb
24
2010
Ruling
Creditor willfully violated stay by failing to maintain record of debtor wife's bankruptcy filing and conducting postpetition collection activity.
Procedural posture
Chapter 7 husband and wife debtors sought remedies against defendants, a creditor and a collection agent, asserting that the collection agent willfully violated the automatic stay imposed under 11 U.S.C.S. § 362(a) and that they were entitled to damages under 11 U.S.C.S. § 362(k). The debtors filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
In re WVF Acquisition LLC
Dec
02
2009
Ruling
Creditor sanctioned for violation of stay based on subjective disbelief that debtor had actually filed for bankruptcy.
Procedural posture
A bankruptcy debtor, an internet service provider, notified a creditor which contractually provided the debtor with internet access that the debtor filed a bankruptcy petition, and the creditor then terminated the debtor's internet access. The debtor moved to hold the creditor in contempt for violation of the automatic bankruptcy stay.
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Court
:
- 11 U.S.C.
Menotte v. Leonard (In re Leonard)
Oct
28
2009
Ruling
Concealed transfer of property to spouse avoided as fraudulent.
Procedural posture
Plaintiff, the chapter 7 trustee, brought a complaint to avoid and recover North Carolina real property that was fraudulently transferred by the debtor to defendant, his non- debtor wife, pursuant to 11 U.S.C.S. § 548, for sale in lieu of partition of the real property pursuant to N.C. Gen. Stat. § 46-22 and to sell the property pursuant to 11 U.S.C.S. § 363(h). The trustee moved for summary judgment on those claims.
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Court
:
- 11 U.S.C.
Budner v. Weiner (In re Weiner)
Sep
23
2009
Ruling
Punitive damages awarded in slander case were nondischargeable.
Procedural posture
Creditor filed a claim against the debtor alleging that a final judgment in a Florida state court action for slander should be excepted from discharge under 11 U.S.C.S. § 523(a)(6). The judgment creditor filed a motion for summary judgment.
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Court
: