Judge Alaimo

Smith v. Regions Bank

Plaintiffs, debtors, filed a motion to reconsider the bankruptcy court's decision granting defendants, bank and the mortgage company, stay relief, and to impose an injunction or restraining order to prevent the bank and the mortgage company from selling the property. As such, the court treated the debtors' filing as a request to withdraw the reference to the bankruptcy court and as a request for injunctive relief.
Ruling: 
Motion to withdraw reference of core proceeding denied in interests of uniformity and judicial economy.
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Consumer case opionion summary, case decided on November 06,2009, LexisNexis #1209-026

Thompson v. Quarles

Plaintiffs, an injured party and her husband, filed the case against defendants, a driver and his employer, asserting personal injury and loss of consortium claims as a result of a motor vehicle collision. Before the court was defendants'motion for summary judgment.
Ruling: 
Tort claim arising postpetition but preconfirmation was property of the estate but not subject to dismissal for debtors'failure to amend schedules.
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Consumer case opionion summary, case decided on July 16,2008, LexisNexis #1008-099

Southeast Landco LLC v. 150 Beachview Holdings LLC

Plaintiff brought an action against defendant, an owner of a leasehold, alleging a breach of a real estate contract as a result of a foreclosure sale of the owner's leasehold. The owner filed a motion to dismiss for lack of subject matter jurisdiction under Fed. R. Civ. P. 12(b)(1). Plaintiff has asserted federal question jurisdiction under 28 U.S.C. § 1334 as a matter related to a bankruptcy proceeding of a non-defaulting interest holder.
Ruling: 
Dispute between nondebtors over rights under rejected lease was not related to bankruptcy.
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