Southern District

CIB Marine Capital LLC v. Herman (In re Herman)

Ruling: 
Discharge denied due to concealment of interest in $10 million in legal fees.
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Consumer case opionion summary, case decided on August 05,2013, LexisNexis #0913-027

In re Muhlig

Trustee sought reconsideration of the court's earlier order denying a motion for contempt against defendant tobacco companies for violating the automatic stay in 11 U.S.C.S. § 362(a)(3) by seeking summary judgment against debtor in a wrongful death action without notifying the trustee.
Ruling: 
Dismissal of debtor's wrongful death action without notice to trustee violated stay.
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Consumer case opionion summary, case decided on June 25,2013, LexisNexis #0713-080

In re Hartigan

The chapter 7 debtor filed a motion for sanctions against a creditor for violation of the automatic stay under 11 U.S.C.S. § 362.
Ruling: 
Sanctions for technical violation of stay denied.
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Consumer case opionion summary, case decided on June 21,2013, LexisNexis #0713-079

In re National Litho LLC

After a chapter 11 case was converted to a chapter 7 case, a debtor in possession's lender filed a motion and request for allowance and payment of a priority claim, and objections were filed thereto.
Ruling: 
Lender entitled to superpriority administrative claim for postpetition, preconversion loan to debtor in possession.
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Commercial case opionion summary, case decided on May 23,2013, LexisNexis #0613-116

In re Lorenzo

Chapter 13 debtors filed a proposed third modified plan, seeking to reduce the payment to their unsecured creditors by $52,372.72 (from $141,972.32 to $89,599.60). The chapter 13 trustee objected to the modification as not in compliance with the Bankruptcy Code.
Ruling: 
Plan could not be modified to include newly listed expenses.
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Consumer case opionion summary, case decided on May 09,2013, LexisNexis #0613-062

Yip v. Soler (In re Soler)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant bankruptcy debtor seeking denial of the debtor's discharge. The debtor moved to dismiss the complaint on the ground that it was not timely filed within an extended deadline.
Ruling: 
Third extension of time, nunc pro tunc, to file proceeding for denial of discharge granted for excusable neglect where prior extension was by court order.
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Consumer case opionion summary, case decided on April 23,2013, LexisNexis #0613-032

Talisman Capital Alternative Invs. Fund Ltd. v. Mouttet (In re Mouttet)

Defendants, including chapter 7 debtor, filed motions to dismiss the 24 count complaint filed by plaintiffs, which included a request by plaintiffs to determine as non- dischargeable under 11 U.S.C.S. § 523 all the debts and claims asserted by plaintiffs against the debtor, and claims against non-debtors based primarily on Federal RICO and Florida RICO.
Ruling: 
RICO claims were not excepted from discharge and ordered dismissed for lack of subject matter jurisdiction.
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Consumer case opionion summary, case decided on April 12,2013, LexisNexis #0513-011

Kapila v. Spiegel LLC (In re Fountainebleau Las Vegas Holdings LLC)

Plaintiff trustee filed a complaint against defendant seeking to avoid and recover an alleged preferential transfer pursuant to 11 U.S.C.S. § 547. Defendant filed a motion for summary judgment.
Ruling: 
Payments for work performed prior to preference period were not avoidable.
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Commercial case opionion summary, case decided on April 12,2013, LexisNexis #0513-018

In re Antar

Three petitioning creditors filed an involuntary chapter 7 petition against the alleged debtor and the debtor moved for summary judgment in his favor to dismiss or strike the petition. Petitioning creditors filed a cross motion for summary judgment.
Ruling: 
Involuntary petition allowed to proceed as debtor was not paying debts as they came due.
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Consumer case opionion summary, case decided on April 12,2013, LexisNexis #0513-001

In re Vicor Techs.

This case was commenced by the filing of an involuntary chapter 7 petition against the alleged debtor by 13 Petitioning Creditors. The alleged debtor filed a Motion to Dismiss Involuntary Petition, or, alternatively, for other relief. The Petitioning Creditors filed a Motion for Summary Judgment. Prior to setting an evidentiary hearing on the Motion to Dismiss, the court found it appropriate to rule on the Motion for Summary Judgment.
Ruling: 
Motion to dismiss involuntary petition denied where it was not disputed that debtor was not paying debts as they came due.
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Commercial case opionion summary, case decided on April 05,2013, LexisNexis #0513-002

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