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southern district of florida

Ortega, In re--Interamerican Asset Mgmt. Fund Ltd. v. Ortega

Ruling
Collateral estoppel did not apply to plaintiffs where foreign court did not find debtor's actual fraud or intent to defraud. (Bankr. S.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.

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Consumer opinion summary, case decided on June 21, 2017 , LexisNexis #0717-103

Scott, In re

Ruling
Enforcement of order to surrender homestead property granted as the debtor was bound by the confirmed plan which provided that debtor would surrender her homestead property. (Bankr. S.D. Fla.)
Issue(s)
Effect of Confirmation; Parties Bound by Confirmed Plan.

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Consumer opinion summary, case decided on April 25, 2017 , LexisNexis #0517-146

Massa Falida Do Banco Cruzeiro Do Sul S.A., In re--Laspro Consultores LTDA v. Alinia Corp.

Ruling
Foreign representative had the capacity to sue two British Virgin Islands companies whose principals allegedly orchestrated a diversion of funds from a Brazilian bank through a fraudulent loan scheme which were used to purchase properties recovered by the foreign representative. (Bankr. S.D. Fla.)
Issue(s)
Right of Direct Access.

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Commercial opinion summary, case decided on March 23, 2017 , LexisNexis #0417-115

Arm Ventures, LLC

Ruling
Court denied the bank's motion to dismiss the LLC's case without prejudice to give the LLCtime to propose another plan. (Bankr. S.D. Fla.)
Issue(s)
Conversion or Dismissal.

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Commercial opinion summary, case decided on February 14, 2017 , LexisNexis #0317-082

Bakst v. Bank Leumi, USA (In re D.I.T., Inc.)

Ruling
Trustee's allegations of fraudulent transfer not sufficient to support avoidance of debtor'spayments to its commercial lender. (Bankr. S.D. Fla.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Actual Intent to Hinder, Delay, or Defraud.

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Commercial opinion summary, case decided on December 22, 2016 , LexisNexis #0117-128

Angueira v. Ortega T. (In re Ortega T.)

Ruling
Trustee’s proceeding based on debtors misuse of corporate alter ego could be pursued onbehalf of the estate. (Bankr. S.D. Fla.)
Issue(s)
Property of the Estate.

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Commercial opinion summary, case decided on November 22, 2016 , LexisNexis #1216-107

In re Olivares

Ruling
Second mortgagee’s objection to confirmation overruled. (Bankr. S.D. Fla.)
Issue(s)
Confirmation of Plan.

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Consumer opinion summary, case decided on November 16, 2016 , LexisNexis #1216-084

In re Daya Meds., Inc.

Ruling
State court receiver’s attempt to gain control of debtor’s intellectual property violated theautomatic stay. (Bankr. S.D. Fla.)
Issue(s)
Automatic Stay.

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Commercial opinion summary, case decided on November 14, 2016 , LexisNexis #1216-037

Yip v. Connedx Corp. (In re Gomez)

Ruling
Transfer of worthless stock for which debtor received $49,000 was not subject to avoidance. (Bankr. S.D. Fla.)
Issue(s)
Preferences; Exceptions to Avoidance.

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Consumer opinion summary, case decided on November 14, 2016 , LexisNexis #1216-048

In re Sanchez

Ruling
Debtor’s failure to provide trustee with copies of tax returns was not grounds for dismissal butsanctions were appropriate. (Bankr. S.D. Fla.)
Issue(s)
Conversion or Dismissal.

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Consumer opinion summary, case decided on October 19, 2016 , LexisNexis #1116-097