Bankruptcy Court for the Northern District of Florida Court Cases

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  1. In Re Saunders (1989)

    THIS MATTER is before the Court on the motion of Professional Savings Bank (Professional) for relief from the automatic stay of 11 U.S.C. § 362(a) to enable it to continue an action in state court against a non-debtor third party to recover assets allegedly transferred in fraud of creditors. A preliminary hearing was conducted on the motion by telephone conference on April 17, 1989, and the Court took the matter under submission. There is no dispute regarding the operative facts and resolution [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 89-04090-A
  2. Robert Earl Brown (2006)

    THIS MATTER came on for hearing on May 25, 2006, upon the Objection of Wells Fargo Financial ("Wells Fargo") to confirmation of the Debtor's Second Amended Chapter 13 Plan. This is a core proceeding over which the Court has jurisdiction pursuant to 28 U.S.C. §§ 151 and 157(b)(2)(L). This Memorandum Opinion constitutes the Court's findings of facts and conclusions of law in accordance with Rule 7052 of the Federal Rules of Bankruptcy Procedure. For the reasons set forth herein, Wells Fargo's [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: 05-35004-LMK
  3. United Companies Fin. Corp. v. Brantley (1980)

    An order was entered herein on July 29, 1980, continuing the stay in effect for a period of sixty (60) days. As indicated therein, this opinion is entered to aid the parties on rehearing as to the findings and conclusions with respect thereto, and, with respect to certain issues relating to further proceedings herein together with the application thereto of the new provisions of the law.


    Court: Bankruptcy Court for the Northern District of Florida Docket: Civ. No. 80-9036
  4. Diasonics, Inc. v. Ingalls (1990)

    THIS MATTER came before the court August 2, 1990 on cross motions for summary judgment. The plaintiff, Diasonics, is an unsecured creditor of Synergetics ("Debtor"). The Debtor filed its Chapter 11 petition for bankruptcy on June 7, 1988. On October 16, 1989, Diasonics filed its complaint in this adversary proceeding seeking to have this court classify the claims of National Plastics ("Plastics") and Ingalls as capital contributions and not loans or in the alternative, to equitably subordinate [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy Nos. 89-9124, 88-00108
  5. Timothy D. Magelitz (2008)

    THIS MATTER was heard February 28, 2008 on the Trustee's Objection to the Debtor's Claimed Exemptions (Doc. 23). The Debtor has claimed the $4,000 "wildcard" personal property exemption in section 222.25(4) of the Florida Statutes, which is provided to debtors who do not claim or receive the benefits of the homestead exemption under Section 4, Article X of the Florida Constitution. The Trustee objects on the ground that the Debtor receives the benefits of the constitutional homestead exemption [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: 07-31105-LMK
  6. In Re Cook (1997)

    These two cases under chapter 13 of the Bankruptcy Code came on for confirmation over the objections of General Motors Acceptance Corporation (GMAC), the holder of claims secured by the debtors' automobiles. The dispute in these cases and numerous other cases filed by the attorneys representing these debtors centers on whether fees to the debtors' attorneys to be paid under their respective chapter 13 plans must be paid in full before the secured creditors are paid anything.


    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy Nos. 96-04907, 96-04849
  7. Meredith Lee Underwood (2006)

    This case came on for hearing on April 27, 2006, upon the Chapter 7 Trustee's Objection to Exemptions (the "Objection") (Doc. 16). The Debtor filed her Chapter 7 petition on January 13, 2006, along with her schedules and statement of financial affairs and other required documents. In her original Schedule C filed with the petition, the Debtor claimed exemptions under Colorado state law. On February 13, 2006, she filed an Amended Schedule C in which she claimed the federal exemptions under 11 [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: 06-30015-LMK
  8. In Re Investors Fla. Aggressive Growth (1994)

    THIS CAUSE was heard before the Court on confirmation of the Debtor's proposed plan of reorganization. The Court, having reviewed the submission of documents and exhibits, the testimony of witnesses, and the argument of counsel, makes the following findings of fact and conclusions of law. For the reasons stated herein, the Court denies confirmation the Debtor's proposed plan of reorganization and grants the motion of FirstBancorp Mortgage, Inc. ("FBM") for dismissal of the case.


    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 93-79999
  9. In Re Cooper (2000)

    THIS MATTER came before the Court for hearing of the Defendants' Motion to Dismiss. This Court has jurisdiction pursuant to 28 U.S.C. §§ 151, 157(b)(2)(B), and 1334. The Court reviewed the Motion and heard argument from counsel. For the reasons more fully outlined below, this adversary proceeding is Dismissed Without Prejudice as to Defendants Litton Loan Servicing (Litton), Credit Based Assets Servicing and Securitization (Credit), and Smith and Hiatt, P.A. This adversary proceeding is [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 99-00036-GVL1. Adversary No. 99-90126-00
  10. In Re Brooks (1997)

    This matter is before the Court on plaintiff's Motion For Assessment of Attorneys Fees and Sanctions brought under 11 U.S.C. § 362(h). A hearing was held on February 2, 1997, and upon the evidence presented and argument of counsel, I make the following findings of fact and conclusion of law pursuant to Rule 7052, Fed.R.Bankr.P.


    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 96-00204, Adv. No. 96-90043
  11. In Re Printronics, Inc. (1995)

    THIS MATTER came on for hearing on the debtor's Motion for Authorization to Reject Executory Contract in this yet to be confirmed Chapter 11 case. The executory contract which the debtor seeks to reject is a franchise agreement between Kwik Kopy Corporation ("KKC"), franchisor, and the debtor, Printronics, Inc., franchisee. The issue presented by this motion is whether or not the debtor, through rejection of the Franchise Agreement, can avoid the enforcement of a covenant not to compete (the [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 95-00103
  12. In Re Dennehy (1996)

    THIS MATTER came on for trial on plaintiff, Daniel M. Dennehy's (Dennehy) complaint seeking to discharge certain student loan obligations pursuant to the provisions of 11 U.S.C. § 523(a)(8). Originally named as defendants were Rush University and with regard to a Stafford Loan and a Health Education Assistance (HEAL) Loan the Student Loan Marketing Association (Sallie Mae). The United States of America was substituted for Sallie Mae with respect to the HEAL Loan, and the Illinois Student [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 95-05033, Adv. No. 95-80047
  13. In Re Winburn (1993)

    THIS CAUSE is before the Court on the Motion of O.A. Winburn, Jr. (the "Debtor"), for Rehearing of the Order Granting the Motion of U.S. Trustee (the "Trustee") to Reopen the Chapter 7 Estate. At the hearing on the Debtor's motion, the Court granted leave to the parties to file a memoranda of law as to what evidence the Court could appropriately consider in deciding whether cause existed to reopen the Chapter 7 estate pursuant to 11 U.S.C. § 350(b). At issue is whether there are assets of the [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 87-00165
  14. In Re Hill (1994)

    THIS CAUSE was heard before the Court on the objection of Havoco of America, Ltd. ("Havoco"), a judgment creditor in this case, to certain assets claimed as exempt by the Debtor. In general, Havoco objects to three categories of assets claimed as exempt, those being an individual retirement account or "IRA", a home in Destin, Florida, and the Destin home furnishings. The Court having considered the testimony of witnesses, argument of counsel, and pleadings and related documents submitted in [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 92-04836
  15. In Re Cox (1995)

    This matter is before the court on the chapter 13 trustee's objection to confirmation, filed on July 12, 1995. The debtor's plan provides for a class of "nondischargeable unsecured claims." This class consists of seven student loans totalling $72,139.00. The debtor has proposed to pay these student loans outside of the plan, according to the terms of each individual note. The other nonpriority unsecured claimants are to receive a distribution of approximately 18% on their claims. The trustee [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 95-04156
  16. In Re Reinhard (2007)

    THIS MATTER is before the Court on the Motion to Dismiss filed by Don Reinhard (the "Motion," Doc. 9). The parties have agreed to treat Mr. Reinhard's Motion as a motion for partial summary judgment as to Count I of the complaint, which alleges that the Debtor is limited to exempting $125,000 in his homestead real property pursuant to 11 U.S.C. § 522(p) (2006). The issue presented is whether or not the $125,000 cap applies where a residence owned for more than 1215 days before the filing of [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 06-50298-LMK, Adversary No. 07-05006-LMK
  17. In Re Hoflund (1993)

    THIS CAUSE was heard before the Court upon the complaint of the case trustee, Sharon T. Sperling. The Trustee's complaint recites four counts under which the Trustee asserts Gar B. Hoflund, the debtor, should be denied a discharge. The first count is based on 11 U.S.C. § 727(a)(2) and asserts that the Debtor concealed certain assets of the estate by failing to disclose their existence in his schedules or statement of affairs. The second count is based on 11 U.S.C. § 727(a)(3) and asserts that [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 92-00226. Adv. No. 92-9067
  18. Gregory Eugene Purdy and Laura Mae Purdy (2007)

    THIS MATTER is before the Court on Confirmation of the Debtors' Third Amended Chapter 13 Plan (the "Plan") (Doc. 44). The Trustee has objected to confirmation of the Plan (Doc. 45) on the ground that the Debtors understated their income and failed to commit their entire projected disposable income to be received in the applicable commitment period to their Plan as required by 11 U.S.C. § 1325(b)(1)(B). The Debtors answer that they have complied with the literal requirements of § 1325(b) [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: 06-30679-LMK
  19. In Re Bottom (1994)

    This case came before the court upon the motion of Jeffrey R. Dollinger (hereinafter "the Trustee") for summary judgment on his complaint for declaratory judgment and for turnover of property of the estate, filed on April 14, 1994. The Defendant, Wayne D. Bottom (hereinafter "the Debtor") filed an answer and his own motion for summary judgment on September 15, 1994. Plaintiff filed a reply, along with a stipulation of facts, on September 27, 1994. The facts are as follows:


    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 93-00227. Adv. No. 94-90025
  20. In Re Smith (1999)

    THIS MATTER came on for hearing on February 2, 1999 on the Debtor's Objection to Amended Proof of Claim Filed by Creditor, Norwest Mortgage, Inc. The issues before the Court are whether a flat rate attorney's fee of $800 is excessive and disallowable as part of Creditor's arrearage claim and whether such a claim, if excessive and frivolous, is subject to Bankruptcy Rule 9011 sanctions. For the reasons set forth below, I sustain Debtor's objection to Creditor's Amended Proof of Claim, reducing [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 98-00287-TLH4

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