- 11 U.S.C.
Douglass, In re--Douglass
Nov
01
2021
Ruling
Debtor was entitled to dismissal of a former client's complaint as the former client did notestablish that the debtor acted in a "fiduciary capacity". (Bankr. S.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or
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- 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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Tao Mu, In re
Sep
02
2021
Ruling
Motion to dismiss debtor's bankruptcy case was denied where management company failed todemonstrate debtor's knowledge of the falsity of his statements and his actual intent todefraud. (Bankr. S.D. Fla.)
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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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Rivera, In re
Aug
16
2021
Ruling
Court lacked jurisdiction to reopen case to strip the second mortgage from the condo thathad vested in debtor upon chapter 13 plan confirmation. (Bankr. S.D. Fla.)
Issue(s)
Bankruptcy Cases and Proceedings; Proceedings Arising Under or Arising In
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:
- 11 U.S.C.
Koessler, In re
Aug
02
2021
Ruling
Chapter 11 debtors' motion to value real property was denied as creditor's entire first mortgagelien was protected from modification. (Bankr. S.D. Fla.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders' Rights
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- 11 U.S.C.
Brown, In re
Jun
16
2021
Ruling
Bifurcated pre-petition and post-petition fee arrangements between debtors and legal counselwere permissible if they were reasonable. (Bankr. S.D. Fla.)
Issue(s)
Debtor’s Transactions with Attorneys.
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:
- 11 U.S.C.
Smith, In re
May
26
2021
Ruling
Deceased debtor's case could not be continued as he did not file a Chapter 13 plan before hedied. (Bankr. S.D. Fla.)
Issue(s)
Filing of Plan.
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Crawford, In re
Apr
29
2021
Ruling
Debtor's entry into the settlement mooted any compensatory purposes of sanctions andsettlement provided ample redress for any harm she suffered during the case. (Bankr. S.D. Fla.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.
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- 11 U.S.C.
Villas of Windmill Point II Prop. Owners Ass'n, In re--Osborne v. Lesko
Apr
29
2021
Ruling
Improperly computed wage claim disallowed on trustee’s objection. (Bankr. S.D. Fla.)The Wage Claim failed as a claim under 11 U.S.C. § 507(a)(4)(A) and must be valued at zero becausedefendant director's asserted hours included time for which he was administratively adjudicated to bedisabled and therefore unable to work and the director's computations did not reflect any reductions inbilled hours for holidays, vacations, or, significantly, his own incarceration; [2]-Trustee's objection to theBonus Claim was sustained because like the Wage Claim, Severance Claim, and Delinquency Claim, itwas the product of ultra vires acts by the directors.Villas of Windmill Point II Prop. Owners Ass'n, In re--Osborne v. Lesko, 2021 Bankr. LEXIS 1144 (Bankr. S.D. Fla.April 29, 2021) (Mora, B.J.).
Issue(s)
Priorities; Order of Priorities; Wages, Salaries, or Commissions; Individual.
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