Judge Ray

Brandt, In re

Ruling: 
Court denied debtor's motion to dismiss insurance company's nondischargeability claim asthere were sufficient facts that he committed defalcation while acting in a fiduciary capacity.(Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on January 03,2019, LexisNexis #0219-011

Scott, In re

Ruling: 
Enforcement of order to surrender homestead property granted as the debtor was bound by the confirmed plan which provided that debtor would surrender her homestead property. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on April 25,2017, LexisNexis #0517-146

In re NNN Realty Advisors, Inc.

Ruling: 
Involuntary case dismissed as it would be duplicative of efforts in assignment for benefit ofcreditors pending in state court. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on April 15,2016, LexisNexis #1116-074

In re Jiangbo Pharms. Inc.

Ruling: 
Settlement of litigation against debtor's former officer approved.
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Consumer case opionion summary, case decided on November 20,2014, LexisNexis #0115-035

Corn v. Wolfe (In re Rodriguez)

Ruling: 
Direct appeal of default against creditor in adversary proceeding certified to circuit court to save time and expense.
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Consumer case opionion summary, case decided on July 30,2014, LexisNexis #0914-034

In re Levitt & Sons LLC

The chapter 11 debtors' parent corporation (the movant) filed a motion to enforce an existing permanent injunction against creditors, alleging that they were permanently enjoined from prosecuting a state court negligence claim against the movant by virtue of a third party release and injunction contained in the bankruptcy court's amended order confirming a second amended joint liquidating chapter 11 plan.
Ruling: 
Creditors were permanently enjoined from pursuing negligence claims by virtue of third party release and injunction contained in confirmed plan.
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Commercial case opionion summary, case decided on July 30,2012, LexisNexis #0812-093

In re Rothstein Rosenfeldt Adler P.A.

Creditor filed a motion seeking relief from the bankruptcy stay under 11 U.S.C.S. § 362(d) to enable him to pursue debtor's professional liability insurer as a defendant in a pending action in state court.
Ruling: 
Relief from stay to allow creditor to pursue debtor's professional liability insurer in state court denied where bankruptcy court was appropriate forum to oversee disposition of proceeds.
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Commercial case opionion summary, case decided on January 24,2011, LexisNexis #0311-073

Stettin v. Adler (In re Rosenfeldt)

Plaintiff Chapter 11 trustee filed an adversary proceeding against defendants, a husband and wife, seeking a determination that payments defendants received from a law firm that declared Chapter 11 bankruptcy were avoidable under 11 U.S.C.S. § 548(a)(1)(A) and Fla. Stat. § 726.105(1)(A). The trustee filed a motion for summary judgment on Counts I and III of his amended complaint, and defendants filed a cross-motion for summary judgment.
Ruling: 
Admissions by debtor's principal established that payments to transferees were made in furtherance of Ponzi scheme and were avoidable.
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Consumer case opionion summary, case decided on December 14,2010, LexisNexis #0111-091

In re Rubens

Chapter 13 debtors moved for clarification of a court order granting their motion to value and determine the secured status of a third mortgage lien on the debtors' real property held by creditor bank, and its effect on the debtors' eligibility as chapter 13 debtors under 11 U.S.C.S. § 109(e).
Ruling: 
Unsecured portion of third mortgage caused debtor to exceed chapter 13 eligibility limits.
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Consumer case opionion summary, case decided on November 17,2010, LexisNexis #1210-108

Ershowsky v. Freedman (In re Freedman)

Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor, seeking a determination that debts to the creditor were nondischargeable under 11 U.S.C.S. § 523(a)(2) and (4) based on the debtor's fraudulent misrepresentations and fiduciary defalcation.
Ruling: 
Debt was nondischargeable due to misrepresentation regarding value of company and outstanding debt.
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Commercial case opionion summary, case decided on June 04,2010, LexisNexis #0810-115

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