Jimenez, In re--Johnson v. Lovato
Apr
21
2021
Ruling
Fraudulent transfer proceeding based on state law that would not benefit the estate wasdismissed as bankruptcy court lacked subject matter jurisdiction. (Bankr. S.D. Fla.)
Issue(s)
Bankruptcy Cases and Proceedings; Proceedings Arising Under or Arising In
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Court
:
Perez, In re
Apr
06
2021
Ruling
Debtor and debtor’s law firm were liable for sanctions and costs where they were responsiblefor the filing of a petition in bad faith. (Bankr. S.D. Fla.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies
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Court
:
- 11 U.S.C.
Campbell, In re--Hoban v. Campbell
Mar
10
2021
Ruling
Findings of the state court in the restitution order satisfied all requirements under the theoryof collateral estoppel and to accord plaintiff relief with respect to his count alleging exceptionto discharge. (Bankr. S.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to
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Court
:
Herrmann, In re--Bakst v. Herrmann
Sep
24
2020
Ruling
Court granted judgment in favor of debtor as to all counts of the complaint and entered astandard order of discharge in Chapter 7 bankruptcy case. (Bankr. S.D. Fla.)
Issue(s)
Discharge; Grounds for Denial.
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Court
:
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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Court
:
- 11 U.S.C.
Zaman, In re
Sep
03
2020
Ruling
Debtor's failure to notify creditors or seek court approval of the guarantees at the time ofexecution estopped him from relying upon 11 U.S.C. § 363. (Bankr. S.D. Fla.)
Issue(s)
Use, Sale, or Lease of Property.
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Court
:
Seven Stars on the Hudson Corp., In re
Aug
07
2020
Ruling
Case was dismissed for failure to meet statutory deadlines as debtor elected to proceed underSubchapter V after the applicable deadlines had passed. (Bankr. S.D. Fla.)
Issue(s)
Status conference; In general.
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Court
:
- 11 U.S.C.
Mamedes, In re--Del Franco v. Mamedes
Jul
27
2020
Ruling
Court concluded that the settlement which merely provided for a stream of payments to bemade by defendant to plaintiff was not an executory contract under either the Countryman testor the functional analysis test. (Bankr. S.D. Fla.)
Issue(s)
Executory Contracts and Unexpired Leases; Trustee's Right to Assume or Reject.
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Court
:
Am. Res. Mgmt. Grp., LLC (DE, In re--Mukamal v. Scottsdale Ins. Co.
Jul
23
2020
Ruling
Insurer's motion to withdraw reference was denied where determination of insurer’s duty todefend was best left in the bankruptcy court that had presided over the related cases for morethan a year. (Bankr. S.D. Fla.)
Issue(s)
Procedures; Withdrawal of Reference by District Court.
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Court
:
- 11 U.S.C.
Rivera, In re--Frost Bank v. Rivera
Jul
16
2020
Ruling
Debtor's motion to dismiss granted where complaint in nondischargeability proceeding contained no allegations that judgment debt itself arose from willful and malicious injury. (Bankr. S.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
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Court
:
( Judge Grossman ) [ Bankruptcy Court ]