- 11 U.S.C.
Brandt, In re
Jan
03
2019
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.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or
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Court
:
Scott, In re
Apr
25
2017
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.)
Issue(s)
Effect of Confirmation; Parties Bound by Confirmed Plan.
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Court
:
- 11 U.S.C.
In re NNN Realty Advisors, Inc.
Apr
15
2016
Ruling
Involuntary case dismissed as it would be duplicative of efforts in assignment for benefit ofcreditors pending in state court. (Bankr. S.D. Fla.)
Issue(s)
Abstention; Dismissal or Suspension by the Court; Interests of Creditors and Debtor.
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Court
:
- FRBP
In re Jiangbo Pharms. Inc.
Nov
20
2014
Ruling
Settlement of litigation against debtor's former officer approved.
Issue(s)
Should settlement of litigation against debtor's former officer be approved?
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Court
:
- 28 U.S.C.
Corn v. Wolfe (In re Rodriguez)
Jul
30
2014
Ruling
Direct appeal of default against creditor in adversary proceeding certified to circuit court to save time and expense.
Issue(s)
Should a direct appeal of default judgment in creditor's adversary proceeding on assigned corporate claim be certified?
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Court
:
- 11 U.S.C.
In re Levitt & Sons LLC
Jul
30
2012
Ruling
Creditors were permanently enjoined from pursuing negligence claims by virtue of third party release and injunction contained in confirmed plan.
Procedural posture
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.
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Court
:
In re Rothstein Rosenfeldt Adler P.A.
Jan
24
2011
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.
Procedural posture
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.
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Court
:
- 11 U.S.C.
Stettin v. Adler (In re Rosenfeldt)
Dec
14
2010
Ruling
Admissions by debtor's principal established that payments to transferees were made in furtherance of Ponzi scheme and were avoidable.
Procedural posture
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.
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Court
:
In re Rubens
Nov
17
2010
Ruling
Unsecured portion of third mortgage caused debtor to exceed chapter 13 eligibility limits.
Procedural posture
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).
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Court
:
Ershowsky v. Freedman (In re Freedman)
Jun
04
2010
Ruling
Debt was nondischargeable due to misrepresentation regarding value of company and outstanding debt.
Procedural posture
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.
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Court
: