Rhodes, In re
Feb
03
2017
Ruling
Mortgage company was subject to compensatory and punitive sanctions because its inexcusable and blatant failures to abide by orders of the court impinged on debtor's fresh start. (Bankr. M.D. Fla.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.
ABI Membership is required to access the full summary of Rhodes, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Woide
Jun
21
2016
Ruling
Case reopened to allow creditor to seek to compel surrender of property. (Bankr. M.D. Fla.)
Issue(s)
Debtor's Duties; Required Acts; Where Individual Debtor’s Debt is Secured by
ABI Membership is required to access the full summary of In re Woide Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Chiaro v. Rathel (In re Rathel)
Aug
19
2014
Ruling
Loan debt was nondischargeable due to creditor's reliance on debtor's misrepresentations in granting an extension.
Issue(s)
Should loan debt be held nondischargeable due to debtors' alleged false statements made to induce creditor to make the initial loan and the extension?
ABI Membership is required to access the full summary of Chiaro v. Rathel (In re Rathel) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Gaetaniello v. Gaetaniello (In re Gaetaniello)
Jul
26
2013
Ruling
Debt owed to former spouse from proceeds of sale of residence was a dischargeable property settlement.
Issue(s)
Whether the amount owed to chapter 13 debtor's former spouse as her anticipated proceeds from the sale of a marital residence was nondischargeable under 11 U.S.C.S. §§ 523(a)(5) and 1328(a)(2) as a domestic support obligation or dischargeable under 11 U.S.C.S. §§ 523(a)(15) and 1328(a)(2) as a debt in the nature of a property settlement.
ABI Membership is required to access the full summary of Gaetaniello v. Gaetaniello (In re Gaetaniello) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Aliu-Otokiti
Mar
19
2013
Ruling
Wholly unsecured second lien could be stripped off.
Procedural posture
This matter came before the court on the chapter 7 debtor's verified motion to determine secured status and strip lien of a condominium association. An evidentiary hearing was held.
ABI Membership is required to access the full summary of In re Aliu-Otokiti Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Almeida
Mar
18
2013
Ruling
Condominium association's lien was subordinate to bank's lien, unsecured and could be stripped off.
Procedural posture
Debtors filed a petition under chapter 7 of the Bankruptcy Code and sought an order under 11 U.S.C.S. § 506(a) that stripped off a lien which a condominium association held on a condominium they owned. The court held a hearing on the debtors' motion.
ABI Membership is required to access the full summary of In re Almeida Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Zaslavsky v. Smith (In re Smith)
Jan
31
2013
Ruling
Misrepresentation of value of asset made without fraudulent intent was not grounds for denial of discharge.
Procedural posture
Creditor brought an adversary proceeding against defendant bankruptcy debtor seeking a denial of the debtor's discharge under 11 U.S.C.S. § 727(a)(4)(A) based on the debtor's intentional concealment of assets.
ABI Membership is required to access the full summary of Zaslavsky v. Smith (In re Smith) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Smith
Jan
31
2013
Ruling
Junior lien that was unsecured based on parcels listed in description could be stripped off.
Procedural posture
Chapter 13 debtor filed a motion to strip off a creditor's lien pursuant to 11 U.S.C.S. § 506.
ABI Membership is required to access the full summary of In re Smith Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Stephenson
Oct
04
2012
Ruling
Debtor's interest in non-entireties joint accounts were not exempt.
Procedural posture
This matter came before the court on a creditor's objection to debtor's claim of exemptions. An evidentiary hearing was held.
ABI Membership is required to access the full summary of In re Stephenson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Trimurti Invs. Inc.
Jul
26
2012
Ruling
Condominium association granted administrative expense claim for actual, necessary services rendered postpetition to preserve the estate.
Procedural posture
A creditor filed a motion for the allowance and payment of an administrative expense pursuant to 11 U.S.C.S. § 503(b). Alternatively, the creditor moved for relief from the automatic stay to pursue its in rem rights against the debtor for non-payment of postpetition assessments.
ABI Membership is required to access the full summary of In re Trimurti Invs. Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: