Bankruptcy Court for the Northern District of Florida Court Cases

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  1. In Re Brown (1993)

    This matter came before the Court in the course of a telephonic hearing to determine whether David L. Fleming, an attorney who had represented the debtor in non-bankruptcy litigation prior to the filing of the petition, should be compelled to submit to a Rule 2004 examination requested by AmSouth Bank of Florida (the "Creditor"). Fleming objected to submitting to the examination on three grounds: (1) that the Court lacks jurisdiction over the case because the signature on the petition is not [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 93-04473
  2. In Re FRP Industries, Inc. (1987)

    THIS MATTER came on to be heard upon the involuntary petition for relief under Chapter 11 of the Bankruptcy Code filed by Lester Walker, Clark Oil Company, and McEwen Lumber Company as petitioning creditors.


    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 86-00064
  3. In Re McAtee (1993)

    THIS CAUSE was heard by the Court on the objection of a creditor, Don Lanier, to the debtor's claim that a leasehold interest in a residence on Santa Rosa Island is exempt as homestead property. Upon the consideration of written submissions and the oral argument of counsel, the Court finds that the subject leasehold interest is exempt from the estate as homestead property, and accordingly, denies the creditor's motion objecting to the claimed exemption.


    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 92-05244
  4. In Re Frick (1997)

    This matter came before the Court for trial on February 25, 1997. The Court has jurisdiction to hear this matter pursuant to 28 U.S.C. §§ 157 and 1334 and the Order of Reference of the District Court. This matter is a core proceeding pursuant to 28 U.S.C. § 157(b)(2). For the reasons indicated below, the Court finds that the debt owed by the defendant, Michael F. Frick, to the plaintiffs, Sara Joyce Freeman and Gail Robin Jordan, is dischargeable pursuant to 11 U.S.C. § 523(a)(4) and § [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 96-04984, Adv. No. 96-80042
  5. In Re Moon (2001)

    THIS MATTER came on for hearing on the Application for Compensation and Expenses for Trustee filed by Donald F. Walton, successor trustee of this estate, on behalf of the prior trustee, J. Ellon Frier, deceased. The application requests an award of $14,907.02 in compensation based on the maximum allowable under 11 U.S.C. § 326(a). Debtor Nancy B. Moon, who will be receiving surplus proceeds from the estate, objects to the amount of the trustee's compensation based on several alleged [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: 97-00203-GVL1
  6. In Re Burkhart (1988)

    THIS MATTER came on for hearing on confirmation of the debtor's Chapter 13 plan. The standing Chapter 13 trustee represented to the Court that the debtor was current on the payments called for in the plan at the time of the hearing and that the plan appeared to be feasible; however, the trustee objected to confirmation on the basis that the plan provided for the debtor to pay his secured creditors directly and thus avoid the payment of a trustee's commission on those payments.[1] The debtor [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 87-04676
  7. In Re McDaniel (1992)

    This matter came before the Court on Ronald A. Mowrey, Trustee's objection to Debtors' Grady W. and Margaret McDaniel, Claim of Exempt Property. The issue before the Court is whether payments from Debtor's former CPA firm are fresh start wages under § 541(a)(6) and therefore excluded from Debtor's estate. Having considered the argument of counsel, the evidence presented, and for the reasons set out below, we hold that the payments are part of Debtor's estate and not within the "services" [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 91-02148
  8. In Re Petersen (2005)

    THIS MATTER came on for hearing on January 26, 2005, upon Plaintiffs James and Constance Rutland's Complaint Objecting to Discharge of Debtor. This is a core proceeding over which the Court has jurisdiction pursuant to 28 U.S.C. §§ 151 and 157(b)(2)(J). This Memorandum Opinion constitutes the Court's findings of facts and conclusions of law in accordance with Federal Rules of Bankruptcy Procedure 7052. For the reasons set forth herein, the Rutlands' Complaint will be dismissed, and the [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 03-34101-LMK, Adversary No. 04-03009-LMK
  9. In Re Howell (1993)

    THIS CAUSE was heard by the Court on the motions for summary judgment filed by both parties to this adversary proceeding. On April 3, 1992, John E. Venn, Jr., as trustee in bankruptcy for the Debtors (the "Trustee"), filed a complaint seeking a determination of the character of a certain lease between the Gregory Howell and Howell's Auto Repair Center, Inc. ("Defendant"), and to the extent that the lease represents a financing arrangement, avoidance of any lien created by the lease pursuant to [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 91-05355. Adv. No. 92-8028
  10. In Re Covington Properties, Inc. (2000)

    THIS MATTER came before the Court on September 14, 2000 on a creditor's objection to a settlement agreement between the Trustee and other creditors. The Court sustains the objection to the amended settlement agreement.


    Court: Bankruptcy Court for the Northern District of Florida Docket: 98-00634-TLH4
  11. In Re Townsend (1988)

    THIS MATTER first came on for consideration sua sponte, it appearing from the debtor's petition, schedules, and statement of affairs that venue was not proper in this district. The Court entered an order on March 4, 1988, for the debtor to show cause why this case should not be dismissed or transferred to the Middle District of Florida and giving creditors fifteen (15) days to file any objections to venue. The debtor filed a response to the Order to Show Cause, and the South Atlantic Production [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 88-00035
  12. In Re McCreless (1992)

    This matter is before the Court on the Debtor's Petition to Set Aside Reaffirmation Agreement. This case is an illustrative example of why debtors should be wary of entering reaffirmation agreements with creditors. On October 25, 1991, the debtor filed his petition for protection under Chapter 7 of Title 11, United States Code. Two weeks later, on November 8, 1991, he executed a reaffirmation agreement with the First National Bank of Atmore ("Bank") for a debt secured by a Tractor/Lawn Mower [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 91-05198
  13. In Re Cox (1992)

    THIS CAUSE came before the Court upon Plaintiff's, Citibank F.S.B. (Florida) ("Citibank"), Complaint seeking a determination of the dischargeability of credit card debt. Citibank asserts the debtors misrepresented their intention and ability to repay a debt incurred almost a year before the filing of their bankruptcy petition, and, therefore, the debt should be excepted from discharge pursuant to 11 U.S.C. § 523(a)(2)(A). For the following reasons, the Court finds Citibank has failed to [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 92-04082, Adv. No. 92-8029
  14. In Re Alden (1986)

    THIS MATTER came on to be heard upon the trustee's objection to the debtors' claim of exemption in the joint Chapter 7 proceeding herein. Specifically, the trustee asserts that the debtor/wife is not entitled to claim any portion of the 1985 income tax refund as exempt because she was unemployed during the taxable year and contributed nothing toward the refund.


    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 86-04124
  15. Melody Ann Hafner (2008)

    THIS MATTER is before the Court on the Trustee's Objection to the Debtor's Claim of Exemptions (the "Objection," Doc. 21). The Objection asserts that the Debtor exceeded the exemption amount allowed for a single motor vehicle under Florida 1 aw by combining Fl a. Stat. §§ 222.25(1) with 222.25(4), The issue is whether the Debtor may "stack" her exemptions under Fla. Stat. §§ 222.25(1) and 22225(4) toward a single motor vehicle. The Court heard the argument of counsel at the hearing held on: [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: 07-31033-LMK
  16. In Re Santa Rosa Truck Stop, Inc. (1987)

    THIS CAUSE was heard on May 21, 1987, on the motion filed by Santa Rosa Truck Stop, Inc., the debtor-in-possession, to hold Internal Revenue Service (I.R.S.) in contempt. The I.R.S. readily admits to violating the automatic stay imposed by 11 U.S.C. § 362 several times but claims that it should not be subjected to sanctions because the violations were not willful.


    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 87-04070
  17. In Re Beebe (1998)

    THIS MATTER came before the Court on July 23, 1998 on the Trustee's Objection to the Debtors' scheduled exempt homestead property. The Trustee objects to the claim by the Debtors of the Clearwater home as exempt property due to its abandonment. The Debtors claim that the homestead property was not abandoned since they intended to take the proceeds from a sale of the property and purchase a new homestead. This case appears to be one of first impression. Having taken testimony and received [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 98-00686-PNS3
  18. In Re Cox (2000)

    THIS MATTER is before the Court upon the United States Trustee's Motion to Dismiss the case pursuant to 11 U.S.C. § 707(b), filed on March 7, 2000. Having considered the evidence and arguments presented by both counsel, having reviewed the pleadings and related documents submitted in the cause, and based on additional research, I find that affording the Debtor Chapter 7 relief would be a substantial abuse of the provisions of Chapter 7 of the Bankruptcy Code, and the case will be dismissed.

    Court: Bankruptcy Court for the Northern District of Florida Docket: 99-00643
  19. In Re Franklin (1997)

    THIS MATTER is before the Court on the Motion to Value Collateral filed by Florida Commerce Federal Credit Union (the Credit Union) with respect to a 1995 Jeep Grand Cherokee automobile, which the debtor in this Chapter 13 case proposes to retain under her Chapter 13 plan. Pursuant to Local Rule 3012-1(B)(formerly Local Rule 408(B)) the debtor gave notice to the Credit Union of her intent to value the vehicle at $14,000, based on classified ads and the NADA book. The Credit Union, in its motion [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 97-07373
  20. Cosper v. Frederick (1986)

    THIS MATTER came on to be heard upon the debtor/defendant's motion to dismiss the plaintiff's complaint to determine dischargeability. The motion to dismiss is based upon the alleged untimely filing of the complaint; the debtor asserts that the complaint was filed past the deadline specified by the Bankruptcy Rule 4007(c), and that no motion to extend the filing bar date was timely filed.


    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 86-9121

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