Skip to main content

Page Banner(Taxonomy)

southern district of florida

Thal, In re

Ruling
Court ruled that IRS violated the discharge injunction of both debtors where its interceptionof funds proved to be intentional. (Bankr. S.D. Fla.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to

ABI Membership is required to access the full summary of Thal, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 01, 2018 , LexisNexis #0618-015

Hadfeg, In re

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.

ABI Membership is required to access the full summary of Hadfeg, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 30, 2018 , LexisNexis #0618-025

Sixty One Sixty, LLC, In re

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.

ABI Membership is required to access the full summary of Sixty One Sixty, LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on April 11, 2018 , LexisNexis #0518-088

Sanomedics, Inc., In re

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.

ABI Membership is required to access the full summary of Sanomedics, Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on March 27, 2018 , LexisNexis #0518-093

Gamboa, In re

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.

ABI Membership is required to access the full summary of Gamboa, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 21, 2017 , LexisNexis #0218-040

Fontainebleau Las Vegas Holdings, LLC, In re

Ruling
Supplemental fee applications disapproved as they satisfied neither the requirements forallowance as professional compensation nor the requirements for allowance asadministrative expenses. (Bankr. S.D. Fla.)
Issue(s)
Compensation of Officers.

ABI Membership is required to access the full summary of Fontainebleau Las Vegas Holdings, LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on August 14, 2017 , LexisNexis #0917-062

Ocean 4660 LLC, In re

Ruling
Creditor was personally liable for excess costs, expenses, and attorney's fees incurred as aresult of the creditor's vexatious conduct. (Bankr. S.D. Fla.)
Issue(s)
Counsel’s Liability for Excessive Costs.

ABI Membership is required to access the full summary of Ocean 4660 LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on August 01, 2017 , LexisNexis #0917-026

Rollaguard Sec., LLC, In re

Ruling
Debtors' deposits on their own unrestricted accounts were not "transfers." (Bankr. S.D. Fla.)
Issue(s)
Definitions; “Transfer”.

ABI Membership is required to access the full summary of Rollaguard Sec., LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on July 27, 2017 , LexisNexis #0917-032

Martinez, In re

Ruling
Motion to value denied where debtor was not attempting to value the property nor strip down a lien, instead debtor simply wanted to modify the note's interest rate and finish paying the plan. (Bankr. S.D. Fla.)
Issue(s)
Contents of Plan; Debtor’s Principal Residence; Modification of Home Mortgages.

ABI Membership is required to access the full summary of Martinez, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 25, 2017 , LexisNexis #0917-056

Kurzban, In re

Ruling
Bank motion to reopen case denied as bank dismissed the foreclosure case pending at the time of the 2009 bankruptcy case and thereafter entered into a loan modification procedure with the debtors. (Bankr. S.D. Fla.)
Issue(s)
Compensation of Officers.

ABI Membership is required to access the full summary of Kurzban, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 24, 2017 , LexisNexis #0917-037