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In re Key Largo Watersports Inc.

Aug
10
2007
Ruling
Lease which was terminated by landlord who received eviction order was not subject to assumption.
Procedural posture

Movant, a landlord, sought relief from stay to allow it to complete prepetition eviction proceedings against defendant debtor, a partnership, that was continuing to occupy premises owned by the landlord and leased to debtor. At issue, inter alia, was whether the lease, which the landlord had terminated, was nonetheless subject to assumption under 11 U.S.C. § 365 and whether debtor's motion to so assume the lease was properly granted.

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Commercial opinion summary, case decided on August 10, 2007 , LexisNexis #1207-005
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Feltman v. City Natl Bank (In re Sophisticated Communs. Inc.)

May
25
2007
Ruling
Funds deposited by debtor to cover overdrafts were preferential transfers.
Procedural posture

Plaintiff chapter 7 trustee filed a complaint against defendant bank, alleging that certain transfers made by the debtor as deposits into the debtor's bank account at the bank were avoidable and recoverable as preference payments pursuant to 11 U.S.C. §§ 547 and 550.

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opinion summary, case decided on May 25, 2007 , LexisNexis #0707-031
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Simon Schindler & Sandberg LLP v. Gentilini (In re Gentilini)

Mar
12
2007
Ruling
Court ordered fees owed by debtor to former spouse's divorce counsel were dischargeable as not owed to spouse who was no longer obligated to the firm.
Procedural posture

Plaintiff law firm filed an action against defendant debtor, claiming that an attorney fee obligation to the law firm, which arose when the law firm represented the debtor's former spouse in divorce proceedings, was not dischargeable under 11 U.S.C. § 523(a)(5). The parties filed cross motions for summary judgment.

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opinion summary, case decided on March 12, 2007 , LexisNexis #0507-093
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In re Quezada

Feb
07
2007
Ruling
Fully exempt homestead could not be sold by trustee to satisfy domestic support obligation.
Procedural posture

The chapter 7 trustee filed an objection to debtor's claimed homestead exemption, a request for authority to sell homestead to pay outstanding domestic support obligations, and a motion to compel turnover of documents.

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opinion summary, case decided on February 07, 2007 , LexisNexis #0407-004
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Mukamal v. Libra Secs. LLC (In re Far & Wide Corp.)

Jan
24
2007
Ruling
Payment to firm for prepetition financial services qualified for new value defense.
Procedural posture

Plaintiff the liquidating trustee for the debtors filed an action against defendant investment banking firm under 11 U.S.C. §§ 547 and 550 to recover a prepetition transfer made by the debtors to the firm of $25,000. The firm asserted various defenses, including the new value defense under 11 U.S.C. § 547(c)(4). The firmed moved for summary judgment on the new value offense and the trustee filed a motion to strike the affirmative defenses.

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opinion summary, case decided on January 24, 2007 , LexisNexis #0307-100
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Blair 11D Condo LLC v. Rabin (In re Rabin)

Jan
22
2007
Ruling
Contract involving exempt property deemed rejected upon reconsideration as trustee did not assume or reject within 60 days of conversion to chapter 7.
Procedural posture

Plaintiff company filed an adversary proceeding complaint against defendant chapter 7 debtor, after he received a discharge and his case was closed, seeking to specifically enforce a prepetition real estate sales contract, in which the debtor had agreed to sell a condominium (condo) to the company. The debtor moved for a rehearing after the court entered a judgment granting the company's claim for specific performance of the contract.

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opinion summary, case decided on January 22, 2007 , LexisNexis #0307-094
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In re De La Rosa

Apr
05
2006
Ruling
Bankruptcy court refused to reopen case after five years to allow debtor to list omitted judgment creditor due to prejudice to creditor.
Procedural posture

A debtor filed a motion to re-open his bankruptcy case to add an omitted creditor, pursuant to 11 U.S.C. § 350.

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opinion summary, case decided on April 05, 2006 , LexisNexis #1106-020
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In re Martinez

Mar
27
2006
Ruling
Debtor's motion for contempt and sanctions was denied since Rule 7062 did not impose 10-day waiting period on creditor before repossession.
Procedural posture

The debtors filed a motion for contempt and for sanctions after the secured creditor repossessed the debtors'automobile after the debtors fell behind in their plan payments that were entered pursuant to chapter 13.

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opinion summary, case decided on March 27, 2006 , LexisNexis #0706-034
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