Southern District

In re Tobkin

Debtor, pre-petition, was an attorney involved in contingent fee personal injury cases, and listed the right to receive distribution from certain cases. When a fee was received during his chapter 13 case, debtor asserted that he used that distribution for ordinary and necessary expenses, and that it was exempt pursuant to Fla. Stat §222.11. The trustee argued that such contingent fees were not exempt, and were part of the debtor's estate.
Ruling: 
Debtor lawyer's contingency fee payments received prior to conversion date were property of the estate.
ABI Membership is required to access the full summary of In re Tobkin. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on March 25,2013, LexisNexis #0413-074

Bakst v. United States (In re Kane & Kane)

Trustee brought an adversary proceeding against defendant United States alleging that payments from a bankruptcy debtor to the government to pay the personal income taxes of the general partners of the debtor were avoidable as fraudulent transfers under 11 U.S.C.S. § 548 and state law.
Ruling: 
Tax payments by debtor partnership on behalf of partners were not fraudulent transfers.
ABI Membership is required to access the full summary of Bakst v. United States (In re Kane & Kane). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on March 25,2013, LexisNexis #0413-089

In re Shahegh

Chapter 7 trustee objected to the debtor's claimed exemption of a vehicle pursuant to 11 U.S.C.S. § 522(b)(3)(B).
Ruling: 
Objection to exemption of vehicle that was not entireties property sustained.
ABI Membership is required to access the full summary of In re Shahegh. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 28,2013, LexisNexis #0213-082

In re Lamelas

Debtor filed a petition under chapter 13 of the Bankruptcy Code, and a bank that held a mortgage on property the debtor owned requested relief from the stay that was imposed pursuant to 11 U.S.C.S. § 362 when the debtor declared bankruptcy so it could proceed with a foreclosure action in state court. The court held a hearing on the bank's motion.
Ruling: 
Bank granted relief from stay to proceed with foreclosure but not to proceed with sale absent further approval from court.
ABI Membership is required to access the full summary of In re Lamelas. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 25,2013, LexisNexis #0213-072

In re Romero

Chapter 13 trustee objected to confirmation of the debtor's chapter 13 plan.
Ruling: 
Confirmation granted over trustee's objection as business expenses were properly deducted from current monthly income calculation.
ABI Membership is required to access the full summary of In re Romero. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 18,2013, LexisNexis #0213-062

In re Bertan

The debtors filed a motion to determine the value and secured status of a lien on debtors' real property held by a secondary creditor.
Ruling: 
Debtor could strip off wholly unsecured second lien.
ABI Membership is required to access the full summary of In re Bertan. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 18,2013, LexisNexis #0213-048

British Am. Isle of Venice Ltd. v. Fullerton (In re British Am. Ins. Co.)

Plaintiff chapter 15 debtors, an insurance company organized under the law of The Bahamas and its subsidiary that was incorporated under British Virgin Islands ("BVI") law, filed adversary proceedings against defendants, their former directors, an individual who assisted the directors in purchasing land in Florida, and an LLC, seeking an order, inter alia, that rescinded the purchase. The LLC and the individual filed a motion to dismiss.
Ruling: 
Order on motion to dismiss adversary proceeding in chapter 15 case submitted to district court after withdrawal of reference.
ABI Membership is required to access the full summary of British Am. Isle of Venice Ltd. v. Fullerton (In re British Am. Ins. Co.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on January 18,2013, LexisNexis #0213-067

In re Ascuntar

Before the court in debtor's chapter 7 case was the Trustee's Amended Objection to Exemptions.
Ruling: 
Postpetition joint tax refund to debtor and non-debtor spouse was not held by the entireties and was not exempt.
ABI Membership is required to access the full summary of In re Ascuntar. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 02,2013, LexisNexis #0113-082

Mukamal v. American Express Co. (In re Arrow Air Inc.)

Plaintiff liquidating trustee filed an adversary proceeding against defendant financial services company, seeking a determination that he was entitled under 11 U.S.C.S. §§ 544(b), 547(b), 548(a)(1)(A) and (B) and Fla. Stat. §§ 726.105 and 726.106 to avoid transfers two airline companies made to the financial services company before they declared chapter 11 bankruptcy. The financial services company filed a motion to dismiss.
Ruling: 
Transfers by debtor airlines to financial services company were not avoidable absent factual basis for finding of fraud.
ABI Membership is required to access the full summary of Mukamal v. American Express Co. (In re Arrow Air Inc.). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on December 12,2012, LexisNexis #0113-054

In re Antar

One of the petitioning creditors filed a motion to stay payment of a bond pending appeal and for enlargement of time to post the bond.
Ruling: 
Petitioning creditor could set off bond pending appeal against judgment debt owed by involuntary debtor.
ABI Membership is required to access the full summary of In re Antar. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 11,2012, LexisNexis #0113-002

Pages

Subscribe to Southern District