- 11 U.S.C.
Napleton v. Stettin (In re Rosenfeldt)
Jun
04
2010
Ruling
Funds held on behalf of debtor' law firm's client in segregated escrow fund were not property of the estate.
Procedural posture
Plaintiff client of a bankruptcy debtor law firm brought an adversary proceeding against defendant bankruptcy trustee seeking to recover funds which the client deposited with the debtor to be held in escrow toward the purchase of an automobile dealership. The client moved for summary judgment.
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Court
:
In re Garcia
Jan
21
2010
Ruling
Motion to reset period for determining current monthly income denied without prejudice absent sufficient information to apply good faith standard to debtor's circumstances.
Procedural posture
Debtors filed a joint, voluntary chapter 13 petition. Before the court was the debtors' motion to determine the time period for the debtors' current monthly income (CMI) and to waive the requirement of filing Schedules I, J, and Form B22C.
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Court
:
- 11 U.S.C.
In re S&I Invs.
Oct
07
2009
Ruling
Trustee could assume lease without escalation of rent by landlord trusts.
Procedural posture
Debtor, a Florida general partnership, filed a petition under chapter 11 of the Bankruptcy Code, and a trustee was appointed to administer the debtor's bankruptcy estate. The trustee filed a motion pursuant to 11 U.S.C.S. § 365, seeking permission to assume a lease, a motion to compel turnover of funds held in the court's registry, and a motion seeking approval of a settlement agreement.
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Court
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In re SFD Hollywood LLC
Sep
04
2009
Ruling
Claim based on liquidated damages clause in land development contract allowed.
Procedural posture
A creditor asserted a claim against the debtor for $6 million stemming from a liquidated damages provision in a contract it executed with the debtor. The debtor filed an objection to the claim.
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Court
:
- 11 U.S.C.
In re Flamingo Enters.
Jun
18
2009
Ruling
Motion to dismiss involuntary case denied where there was no bona fide dispute as to liability or amount of petitioning creditors' claims.
Procedural posture
Creditors commenced an involuntary bankruptcy petition against debtor pursuant to 11 U.S.C.S. § 303. The debtor moved to dismiss. The court confirmed that it would treat the motion to dismiss as a motion for summary judgment.
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Court
:
- 11 U.S.C.
In re Aurora Capital Inc.
Jun
12
2009
Ruling
Petitioning creditors were eligible regardless of whether their debt was subordinated where there was no bona fide dispute as to validity or amount.
Procedural posture
Creditors filed an involuntary petition against debtor, which was a holding company of certain subsidiaries, that financed the purchase of used cars through the acquisition of retail installment contracts. Pursuant to 11 U.S.C.S. § 303, the debtor filed a motion to dismiss the involuntary petition. The creditors contested the motion.
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Court
:
- 28 U.S.C.
Tidewater Lodging Group LLC v. Kolter Cmtys. Mgmt. LLC (In re Tidewater Lodging Group LLC)
Apr
03
2009
Ruling
State law usury action was not a core proceeding and could be remanded.
Procedural posture
In July 2007, debtors filed an action in state court on four state law causes of action. Thereafter the debtors petitioned for relief under chapter 11 and removed the state court action to the court. Four defendants filed a motion for remand. The debtors filed a motion to amend their complaint.
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Court
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In re Levitt & Sons LLC
Jul
16
2008
Ruling
Equitable lien of lot purchasers was subordinate to creditor's prepetition security deed.
Procedural posture
After the debtors filed for chapter 11 bankruptcy protection, two lot purchasers filed a motion claiming that they were entitled to a statutory or equitable lien on a specific lot and that their lien was senior and prior in right of payment to the security deed of a creditor. The creditor objected to the motion and moved for summary judgment.
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Court
:
In re Vision Dev. Group of Broward County LLC
Jun
30
2008
Ruling
Appointment of examiner required due to irregularities in debtor's sale of condominium units.
Procedural posture
Creditors alleged that, in connection with a bankruptcy debtor's sale of condominium units to third-party purchasers, the debtor's marketing and development agreements with entities separate from the real estate broker were improper. The creditors moved for appointment of an examiner to investigate the agreements.
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Court
:
Cadle Co. v. Charles (In re Stasch)
Mar
31
2008
Ruling
Discharge denied due to debtor's fraudulent concealment and false oaths.
Procedural posture
Plaintiff filed a motion for summary judgment in its action against defendant chapter 7 debtor, seeking to deny the debtor's discharge pursuant to 11 U.S.C.S. § 727(a)(2)(A), (B), § 727(a)(3), § 727(a)(4)(A), § 727(a)(5), and § 727(a)(6).
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Court
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