Hadfeg, In re
Apr
30
2018
Ruling
Court ruled that the special rights of Florida condominium associations to collect associationfees and assessments does not trump the preclusive effect of a "cure" plan confirmed withoutobjection. (Bankr. S.D. Fla.)
Issue(s)
Effect of Confirmation; Parties Bound by Confirmed Plan.
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Court
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Sixty One Sixty, LLC, In re
Apr
11
2018
Ruling
Award of sanctions was not warranted as the court did not find that the debtor and itsmembers knew, or reasonably believed, that they were filing the petition for an improperpurpose. (Bankr. S.D. Fla.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of Papers.
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Court
:
Sanomedics, Inc., In re
Mar
27
2018
Ruling
Court quashed creditor’s discovery request as it was for the improper purpose of assisting its affiliate in a nonbankruptcy litigation. (Bankr. S.D. Fla.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.
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Court
:
Gamboa, In re
Dec
21
2017
Ruling
Judgment creditors' objections to debtor's homestead exemption claim denied where evidence established that when he filed the case, debtor was living on the property and had the intent to permanently reside there. (Bankr. S.D. Fla.)
Issue(s)
Exemptions; Limitation on Homestead Exemption.
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Court
:
- 11 U.S.C.
In re Rodriguez
Aug
19
2016
Ruling
Debtors’ objection to proof of claim overruled. (Bankr. S.D. Fla.)
Issue(s)
Should debtors’ objections to three claims based on insufficient documentation be sustained even though the debtors scheduled these debts as undisputed in the amounts claimed by the creditors in their proofs of claim?
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Court
:
In re Michaud
Mar
29
2016
Ruling
Reverse mortgage creditor's objection to debtor's motion to value residence overruled.
Issue(s)
Could claim of reverse mortgage creditor, based on mortgage executed by debtor's deceased spouse and payable on the spouse's death, be modified?
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Court
:
- 11 U.S.C.
In re Robles
Feb
22
2016
Ruling
Bankruptcy court lacked jurisdiction to determine debtor's postpetition tax liability.
Issue(s)
Could bankruptcy court provide a determination of debtor's postpetition tax liability?
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Court
:
- 11 U.S.C.
In re Lapeyre
Jan
25
2016
Ruling
Debtors' affirmative defenses and counterclaims ordered withdrawn as barred by terms of confirmed plan.
Issue(s)
Where chapter 13 plan provided for surrender of one of debtors' properties, did debtors'affirmative defenses and counterclaims in state court foreclosure action concerning the property violate the automatic stay?
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Court
:
- 11 U.S.C.
In re Deutsch
Jun
24
2015
Ruling
Debtor's attorney was not required to assert a charging lien for contingency fee earned with prepetition disability settlement for the claim to survive discharge.
Issue(s)
Could attorney who settled debtor's disability benefits claim but did not assert a prepetition charging lien or file a proof of claim continue to enforce his contingency fee agreement?
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Court
:
In re Petroforte Brasileiro De Petroleo Ltda
Apr
30
2015
Ruling
Order for seal in case ancillary to foreign proceeding vacated in part.
Issue(s)
May a foreign representative in a chapter 15 case obtain an order authorizing discovery under seal, including an order prohibiting subpoenaed parties from disclosing the contents of the subpoenas to parties that are the targets of the investigation?
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Court
: