- 11 U.S.C.
Varig Logistica S.A., In re--Volo Logistics LLC v. Varig Logistica S.A.
Oct
29
2021
Ruling
Foreign representative could not proceed with discovery against plaintiffs in adversaryproceeding without first obtaining relief from the automatic stay in plaintiffs' New Yorkbankruptcy cases. (Bankr. S.D. Fla.)
Issue(s)
Purpose and Scope of Application.
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:
- 11 U.S.C.
Keyes, In re
Sep
01
2021
Ruling
Creditor was barred by the applicable statute of limitations from including in its claim anyinstallment payments and applicable late charges that came due more than five years prior tothe petition date. (Bankr. S.D. Fla.)
Issue(s)
Allowance of Claims or Interests.
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Clancy, In re
Sep
22
2020
Ruling
Secured creditor had no legal or equitable right to recover tax and insurance escrow advancesmade after confirmation of the debtor's Chapter 13 plan as the creditor was bound by theterms of the modified plan under § 1327(a). (Bankr. S.D. Fla.)
Issue(s)
Effect of Confirmation; Parties Bound by Confirmed Plan.
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:
- 11 U.S.C.
Itapemirim, In re
Mar
10
2020
Ruling
Movant had standing to prosecute the motion to dismiss because he qualified as an entityaffected by the recognition order. (Bankr. S.D. Fla.)
Issue(s)
Order Granting Recognition.
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:
- 11 U.S.C.
Viacao Itapemirim, S.A., In re
Oct
10
2019
Ruling
Foreign representative excused from producing documents and appearing for examination asthere was no cause to allow such discovery. (Bankr. S.D. Fla.)
Issue(s)
Relief That May Be Granted Upon Recognition; Types of Appropriate Relief;
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Court
:
- 11 U.S.C.
Aguero, In re
Dec
12
2018
Ruling
Court allowed amended claim for an unsecured deficiency even though it was filed afterconfirmation as allowance benefitted debtor. (Bankr. S.D. Fla.)
Issue(s)
Discharge.
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:
- 11 U.S.C.
Arthur, In re--Coosemans Miami, Inc. v. Arthur
Aug
07
2018
Ruling
Defendants' debt to the plaintiff could not be excepted from discharge where PACA trust wasnot a technical trust as the defendants were not required to segregate trust assets from nontrustassets and could use trust assets for their own purposes. (Bankr. S.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or Larceny.
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Court
:
- 11 U.S.C.
Benedicto, In re
Jun
29
2018
Ruling
Objections to confirmation of chapter 13 plans sustained where plans included balloonpayments which were periodic payments incompatible with equal monthly paymentrequirement. (Bankr. S.D. Fla.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders; Retention of Lien and Distribution of Property.
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Court
:
- 11 U.S.C.
Benedicto, In re
Jun
29
2018
Ruling
Objections to confirmation of chapter 13 plans sustained where plans included balloonpayments which were periodic payments incompatible with equal monthly paymentrequirement. (Bankr. S.D. Fla.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders; Retention of Lien and Distribution of Property.
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Court
:
- 11 U.S.C.
Kumar, In re
May
30
2018
Ruling
Fees and expenses awarded with various reductions. (Bankr. S.D. Fla.)
Issue(s)
Compensation of Officers.
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