Bankruptcy Court for the Middle District of Florida Court Cases

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  1. In Re Toy King Distributors, Inc. (2000)

    David D. MacKnight, Lacy, Katzen, Ryan & Mittleman, LLP, Rochester, NY, Kenneth D. Herron, Jr., Wolff, Hill, McFarlin & Herron, P.A., Orlando, FL, for Plaintiff.


    Court: Bankruptcy Court for the Middle District of Florida Docket: Bankruptcy No. 90-00528-BKC-6C1. Adversary No. 91-022
  2. In Re World Vision Entertainment, Inc. (2002)

    The Chapter 11 trustee, R.W. Cuthill, Jr., filed this adversary proceeding against four corporate defendants asserting that they received fraudulent transfers of brokers' fees totaling $559,515 paid in connection with a Ponzi scheme operated by the debtor. The trustee next seeks to pierce the corporate veil alleging that the three individual defendants are personally liable for the repayment of the fraudulent transfers because they are mere alter egos of the corporate defendants. For the [...]

    Court: Bankruptcy Court for the Middle District of Florida Docket: Bankruptcy No. 99-07440-6J1. Adversary No. 00-00251
  3. In Re Meeks (1999)

    This case came on for hearing on March 23, May 4, and June 29, 1999, on the Motion to Set Aside Order Granting Debtors' Verified Motion to Modify Confirmed Chapter 13 Plan (the "Motion") (Doc. No. 60) filed by General Motors Acceptance Corporation ("GMAC"). On January 29, 1999, Charles and Debra Meeks (the "Debtors") filed a Verified Motion to Modify Confirmed Chapter 13 Plan (Doc. No. 52). The Court, on an ex parte basis, granted the Debtors' Motion to Modify by order dated February 9, 1999 [...]

    Court: Bankruptcy Court for the Middle District of Florida Docket: Bankruptcy No. 97-09734-6J3
  4. Clarens Junior Gelin and Marie Denise Destin (2010)

    The debtors are investors who purchased six rental properties during the recent real estate boom. Each property is encumbered by at least two mortgages. With the recent financial recession, the properties now are worth far less than the debt. The debtors filed this Chapter 11 case to reduce or, in some cases, eliminate their mortgage debt and to retain five of these six properties. One creditor, Branch Banking and Trust Company ("BBT"), objects to the confirmation of the debtors' plan of [...]

    Court: Bankruptcy Court for the Middle District of Florida Docket: 6:09-bk-15881-KSJ
  5. In Re Evergreen Security, Ltd. (2003)

    This Adversary proceeding came for hearing December 23, 2002 ("Hearing"), on Plaintiff, R.W. Cuthill, Jr.'s ("Plaintiff, "Trustee" & "Cuthill"), Complaint for avoidance and recovery of transfers pursuant to 11 U.S.C. §§ 544, 548 and 550 of the Bankruptcy Code by Evergreen Security, Ltd. ("Evergreen"), for the benefit of the Defendants, Harold James Kime ("Kime") and First American Life and Health Insurance Corporation ("First American") (collectively, the "Defendants"), who along with [...]

    Court: Bankruptcy Court for the Middle District of Florida Docket: Bankruptcy No. 01-00533-6B1. Adversary No. 02-110
  6. James Matthew Franzese (2008)

    The Chapter 7 trustee objects to the debtor's request to exempt personal property in the amount of $4,000 made pursuant to the expanded personal property exemption recently granted in new Section 222.25(4) of the Florida Statutes, which provides:


    Court: Bankruptcy Court for the Middle District of Florida Docket: 6:07-bk-03944-KSJ
  7. In Re Tomlinson (1998)

    This Proceeding is before the Court on a Complaint to Determine Dischargeability pursuant to 11 U.S.C. §§ 523(a)(4) and (a)(6). (Doc. 1). A trial was held on February 20, 1998. Based upon the evidence presented at trial, the Court enters the following Findings of Fact and Conclusions of Law.


    Court: Bankruptcy Court for the Middle District of Florida Docket: Bankruptcy No. 97-01946-3P7, Adversary No. 97-239
  8. In Re Celotex Corp. (1996)

    Jeffrey W. Warren, H. Bradley Staggs, Bush, Ross, Gardner, Warren & Rudy, P.A., Tampa, FL, Stephen A. Madva, Baldo M. Carnecchia, Jr., Natalie D. Ramsey, Montgomery, McCracken, Walker & Rhoads, Philadelphia, PA, for Debtors.


    Court: Bankruptcy Court for the Middle District of Florida Docket: Bankruptcy Nos. 90-10016-8B1, 90-10017-8B1
  9. In Re Safety Harbor Resort and Spa (2011)

    The Debtor proposed a chapter 11 plan that provides for the contribution of substantial assets from the principals of the Debtor's parent company, Olympia Investment Group, LLC., who are also the non-debtor guarantors of a debt owed to a creditor, German American Capital Corporation, to help effect a successful reorganization. In exchange for that contribution, the Debtor requested releases for the non-debtor guarantors. The Court, instead, imposed a four-year stay on any actions by German [...]

    Court: Bankruptcy Court for the Middle District of Florida Docket: 8:10-bk-25886
  10. In Re Millsaps (1991)

    This adversary proceeding came on for consideration of the motion for partial summary judgment filed by plaintiffs, William and Anna Jean Millsaps ("Millsaps") (Document No. 81); the cross motion for summary judgment filed by the defendant, United States of America ("Internal Revenue Service" or "Service") (Document No. 97); the motion for abstention filed by the Service (Document No. 95); and the Millsaps' response (Document No. 105).


    Court: Bankruptcy Court for the Middle District of Florida Docket: Bankruptcy No. 86-00487-BKC-6C7, Adv. No. 86-0154
  11. In Re Rasmussen (2006)

    Under Florida law, debtors have an unlimited homestead exemption. However, new section 522(p) of the Bankruptcy Code[1] now caps the amount of a homestead exemption at $125,000 if a debtor acquires an interest in a homestead within 1,215 days of filing for bankruptcy. The debtors in this case acquired their homestead within 1,215 days of the date they filed their joint petition for bankruptcy. The chapter 7 trustee ("Trustee") objected to the debtors' claim of a homestead exemption based on [...]

    Court: Bankruptcy Court for the Middle District of Florida Docket: 8:05-bk-20277-MGW
  12. In Re Norwood-Hill (2009)

    This Case is before the Court upon the United States Trustee's (the Trustee's) Motion to Dismiss (the Motion) pursuant to 11 U.S.C. § 707(b)(1) based upon a presumption of abuse under 11 U.S.C. § 707(b)(2) and abuse arising under 11 U.S.C. § 707(b)(3). After hearings held on July 10, 2008 and October 15, 2008, the Court makes the following Findings of Fact and Conclusions of Law.


    Court: Bankruptcy Court for the Middle District of Florida Docket: 08-426-PMG
  13. In Re Quarterman (2006)

    This case is before the Court upon the Debtor's Motion for Confirmation of the Chapter 13 Plan and the Chapter 13 Trustee's Objection to Confirmation. The Court held a hearing on March 2, 2006 and, at the conclusion; instructed the parties to submit memorandum of law in support of their respective positions. The Court makes the following Findings of Fact and Conclusions of Law.


    Court: Bankruptcy Court for the Middle District of Florida Docket: 06-027-3P3
  14. In Re Goblick (1988)

    THIS IS a Chapter 7 liquidation case and the matter under consideration is the right of Albert M. and Mary Jean Goblick (Debtors) to a general bankruptcy discharge. The Debtors' right to discharge is challenged in three separate adversary proceedings: one filed by Manhattan Leasing Systems, Inc. (Manhattan Leasing), Adversary No. 88-0091-8P7; the second by Lazzara Oil Company (Lazarra Oil), Adversary No. 88-0098-8P7; and the third by Margaret Plumb (Margaret Plumb), Adversary No. 88-100-8P7, [...]

    Court: Bankruptcy Court for the Middle District of Florida Docket: Bankruptcy No. 88-0051-8P7, Adv. Nos. 88-91, 88-98 and 88-100
  15. In Re Whaley (2002)

    This case came on for hearing on June 18, 2002, to consider the Trustee's Motion for Examination of Debtor's Transactions with the Debtor's Attorney (Doc. No. 45). The issue is whether debtor's counsel, Andrew Baron, should disgorge fees paid to him by the debtor after this case was filed.


    Court: Bankruptcy Court for the Middle District of Florida Docket: 00-03860-6J7
  16. Matter of Springer (1991)

    THIS CAUSE came on for final evidentiary hearing upon Plaintiffs', James H. Rion and Juanita Rion's, Complaints Seeking Exception to Discharge. The Court reviewed the record, heard testimony and argument of counsel, and finds the relevant facts as follows:


    Court: Bankruptcy Court for the Middle District of Florida Docket: Bankruptcy Nos. 81-1337-8B7, 81-1338-8B7
  17. Matter of Holwerda (1983)

    This adversary proceeding came on for final evidentiary hearing to determine the dischargeability, vel non, of the debt owed to Century Trust National Bank of Pinellas County (Century) by Sidney and Barbara Holwerda, the Debtors in the above-styled Chapter 7 case. Century seeks an exception to discharge of the debt owed it by the Debtors pursuant to 11 U.S.C. § 523(a)(2)(B).


    Court: Bankruptcy Court for the Middle District of Florida Docket: Bankruptcy No. 81-278, Adv. No. 81-450
  18. In Re Bennett (2008)

    Under a newly enacted exemption available under Chapter 222 of the Florida Statutes, an individual who does not "claim or receive the benefits of a homestead exemption under s. 4, Art. X of the State Constitution" ("Homestead Exemption") is entitled to claim an additional $4,000 of personal property as exempt from legal process. Fla. Stat. § 222.25(4) (2007) ("Statutory Exemption"). In Gatto, this Court had before it the question of whether debtors who do not claim their homes as exempt under [...]

    Court: Bankruptcy Court for the Middle District of Florida Docket: 8:07-bk-11881-MGW, 8:08-bk-03071-MGW, 8:07-bk-10637-MGW
  19. In Re Webb (1991)

    This proceeding came before the Court upon complaint seeking to except a debt from discharge pursuant to 11 U.S.C. § 523(a)(8). A trial was held on June 4, 1991, and upon the evidence presented, the Court enters the following Findings of Fact and Conclusions of Law:


    Court: Bankruptcy Court for the Middle District of Florida Docket: Bankruptcy No. 90-1507-BKC-3P7, Adv. No. 90-200
  20. Matter of Celotex Corp. (1991)

    Baron & Budd, P.C., Gillenwater, Nichol & Ames, Kazan, McLain, Edises & Simon, Ness, Motley, Lodeholt, Richardson & Poole, Jaques Admirality Law Firm, Greitzer & Locks, for Asbestos-Related Personal Injury Creditors.


    Court: Bankruptcy Court for the Middle District of Florida Docket: Bankruptcy Nos. 90-10016-8B1, 90-10017-8B1

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