Bankruptcy Court for the Northern District of Florida Court Cases

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  1. In Re Saunders (1989)

    Mastellar Group of Florida, Inc. and the Mastellar Group, Inc. (collectively, Mastellar), creditors in this bankruptcy case, have moved the Court for an order granting relief from the automatic stay. Mastellar wishes to proceed with litigation pending in a Florida court against Debtor James Saunders, in order to establish liability and the amount of its claim. The Debtors oppose the motion. The Court conducted a hearing on June 19, 1989. The parties have submitted post-hearing memoranda. For [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 89-04090-B
  2. In Re Point Restaurant and Oyster Bar (1988)

    THIS MATTER came on to be heard upon the debtor's objection to the Escambia County Tax Collector's claim that the debtor's 1987 ad valorem taxes should be treated as administrative expenses under Section 503(b)(1)(B)(i) of the Bankruptcy Code. The debtor contends that the taxes are seventh priority expenses under Section 507(a)(7) of the Bankruptcy Code rather than first priority administrative expenses.


    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 87-04466
  3. In Re Shahid (2005)

    This matter came before the court on the plaintiffs' objection to discharge pursuant to 11 U.S.C. §§ 727(a)(3), (4) and (5). The court has jurisdiction to hear these matters pursuant to 28 U.S.C. §§ 157 and 1334 and the Order of Reference of the District Court. These are core proceedings pursuant to 28 U.S.C. § 157(b)(2) and the court has the authority to enter a final order. For the reasons indicated below, the court is denying the debtor's discharge under §§ 727(a)(3), (a)(4) and [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 04-30963. Adversary No. 05-3007
  4. In Re Collins (1995)

    THIS MATTER was heard on the Debtor's motion for Clarification and Determination of Amount and Manner of Payment of Claim with respect to the claim of the Internal Revenue Service (IRS). The Debtor seeks to clarify whether or not he is required to pay post-confirmation interest on the IRS' claim, the rate of interest if required, and the time in which he has to pay the claim. For the reasons set forth herein, I find that the IRS is entitled to interest on its claim, that the interest rate shall [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 85-07179
  5. In Re Iferd (1998)

    THIS MATTER came on for hearing on August 31, 1998 on the Debtor's Motion to Compel Turnover of Estate Property Held By Custodian. After hearing evidence and arguments of counsel for both parties, I announced Findings of Fact and Conclusions of Law from the bench as authorized by Bankruptcy Rule 7052. Based on those Findings and Conclusions, I granted the Debtor's motion. I now issue this Memorandum Opinion to memorialize and supplement my Findings of Fact and Conclusions of Law announced in [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 98-00583-PCY5
  6. In Re Sherman (2004)

    THIS MATTER is before the Court on cross-motions for summary judgment filed by both parties to this adversary proceeding. On June 24, 2004, John E. Venn, Jr, as Chapter 7 trustee (the "Trustee"), filed a complaint seeking a determination of whether certain settlement proceeds are property of the estate. The Trustee filed his Motion for Summary Judgment on September 8, 2004, and the Defendant-Debtor Edna Elaine Sherman (the "Defendant") filed her Motion for Summary Judgment on October 14, 2004, [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 01-20719-PCY5. Adversary No. 04-5011-LMK
  7. Roy v. Edgar (1981)

    THIS CAUSE was submitted and argued upon cross motions for summary judgment, there being no dispute as to any matters of material fact. The debtor, defendant, is the income beneficiary of a testamentary spendthrift trust established under the laws of Michigan by his grandfather's 1932 will which is being administered by the Detroit Bank & Trust Co., as trustee.


    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 78-0029-E
  8. In Re Williams (1990)

    This matter is before the Court on the Trustee's objection to the Debtors' claim of exemption concerning funds held in a retirement plan. The Debtors claimed as exempt under Section 222.21, Fla.Stat., funds held in a retirement plan with the Hobart Corporation, Kenneth Williams' employer. The Trustee argues the state statute relied on by the Debtors for their exemption is pre-empted by the Employee Retirement Income Security Act (ERISA) of 1974, Section 514(a), 29 U.S.C.A. § 1144(a), and the [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 89-04812
  9. In Re Jung Bea Han (2005)

    This case is before the Court on the Supplemental Motion for Summary Judgment of GE Capital Small Business Finance Corporation as to Count III of the complaint. This 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 motion is a core proceeding pursuant to 28 U.S.C. § 157(b)(2) and the Court has the authority to enter a final order. For the reasons indicated below, the Court is granting in part and denying [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 00-42086. Adversary No. 05-03012
  10. In Re Hale (1992)

    This matter comes before the court on motion of Barnett Bank of Alachua (Barnett), an unsecured creditor of the debtor's estate[1], to require, based on the doctrine of marshaling, that Farmers Home Administration (FmHA) and the Small Business Administration (SBA), secured creditors, should first look to all of their security for full satisfaction of their respective claims before they receive distribution as unsecured creditors. Having considered the arguments of counsel, the filed memorandum [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 90-00032
  11. In Re Hollinger (2000)

    This matter came on for hearing on November 30, 1999 on the objection of the Creditor, Household Automotive Finance Corporation ("HAFC"), to confirmation of the Debtor's Second Modified Chapter 13 Plan. Having considered the limited evidence and arguments presented by both counsel, having reviewed the pleadings and related documents submitted in the cause, and based on additional research, I make the following Findings of Fact and Conclusions of Law as required by Bankruptcy Rule 7052.


    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 99-070277-TLH4
  12. In Re Sly (2003)

    ORDER DENYING PLAINTIFFS' MOTION TO STRIKE, DENYING DEFENDANT SUMMARY JUDGMENT ON ITS LACHES DEFENSE AND GRANTING DEFENDANT SUMMARY JUDGMENT ON ITS POSTPETITION ASSESSMENT OF 1983 TAXES DEFENSE


    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 90-04377, Adversary No. 01-80025
  13. In Re Pape (1980)

    The debtor seeks under Section 522(f) of Title 11 of the United States Code to avoid two nonpossessory, nonpurchase money security interests that are held by two creditors encumbering all of the debtor's household furnishings. The property is claimed to be exempt as being tenancy by the entirety property. The wife has not filed and no proceeding with respect to her is pending. One of the security interests in said property was jointly granted by the debtor husband and his wife in connection [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 80-02026
  14. In Re St. George Island, Ltd. (1991)

    THIS MATTER came on for hearing on the motion of Paul M. Earnhart for resolution of a dispute over the alleged election of himself as trustee in the above titled Chapter 7 case. For the reasons set forth herein we find that there was no valid election of a trustee at the meeting of creditors held pursuant to provisions of 11 U.S.C. § 341 on August 6, 1991 and accordingly, the interim trustee, William J. Miller, Jr. shall serve as the trustee in this case.


    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 87-07193
  15. Brigadier Homes v. Hert (1987)

    THIS MATTER came on to be heard upon the respective complaints to determine dischargeability of specific debts pursuant to Section 523(a)(2)(B) of the Bankruptcy Code. The afore-styled civil actions were consolidated for purposes of trial and remain so consolidated for this memorandum opinion and order.


    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy Nos. 85-9027, 85-9028 and 84-07137
  16. In Re O'Farrell (1987)

    THIS MATTER came on to be heard on confirmation of the debtors' Chapter 12 plan of reorganization. The debtors have presented an amended plan which provides for the surrender of certain parcels of property to secured creditors and consequent down-sizing of the farming operation in an effort to restructure their finances and arrange for satisfaction of claims and manageable debt service from future earnings.


    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 86-04550
  17. In Re Sammons (1997)

    The debtor is a heavyweight boxer. On January 1, 1995, he entered into a contract with SMA Boxing, Inc. ("SMA"). The term of the contract is for the term of the debtor's professional boxing career. Regarding compensation, the contract provided that "Steve Anderson will pay Mitchell Sammons a $5,000.00 signing bonus and a salary of $40,000.00 a year for 1995 with semi-monthly payments as long as Sammons is in compliance with the terms of this Agreement." Furthermore, there was testimony that the [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 96-04230
  18. In Re Hall (1991)

    This matter is before the Court on the defendants', Edward and Clarence Quigley, motion to dismiss the plaintiff John Hall's adversary complaint. Hall, the chapter 11 debtor, filed a three count complaint seeking to avoid an alleged fraudulent transfer to the defendants. The defendants filed a motion to dismiss the case for failure to state a claim upon which relief may be granted. Having considered the argument of counsel, the filed memoranda of law, and for the reasons set forth below, we [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 91-04018, Adv. No. 91-8010
  19. In Re Minchew (1992)

    THIS MATTER is before the Court upon the trustee's Motion for Determination of Fees and Disgorgement of the Same, filed on July 21, 1992. The Court having reviewed the same with due regard for the standards mandated in In re Bachmann, 113 B.R. 769 (Bankr.S.D.Fla.1990), finds the sum of $60.00 to be reasonable compensation for the secretarial services rendered herein. The Court finds that the $420.00 paid by the debtor, Frankie Minchew, to the legal secretary, Nancy Woeller, was excessive. For [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 92-00181
  20. In Re Jones (1990)

    The Debtors filed their petition under Chapter 11 on January 25, 1984. On September 19, 1988, the United States Trustee filed a motion to dismiss or convert, or for a date certain for the filing of a plan of reorganization. At the October 27, 1988, hearing, the Court directed the Debtors to file the reorganization plan within five days. The plan and disclosure statement were filed on November 4, 1988. The U.S. Trustee noted what it believed were material discrepancies in the Debtors' disclosure [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 84-00006

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