Bankruptcy Court for the Northern District of Florida Court Cases

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  1. In Re Rushing (1988)

    THIS MATTER came before the Court for hearing on October 17, 1988, on the motion of the United States Trustee to dismiss pursuant to § 707(b) of the Bankruptcy Code. The debtors appeared and requested additional time to revise their schedule of current income and expenses and to file a written response to the United States Trustee's motion. The Court granted the debtors an additional twenty (20) days to make whatever amendments they felt necessary and to respond to the United States Trustee's [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 88-04377
  2. FLORIDA NAT. BANK v. Gordon (1988)

    THIS CAUSE came on for trial September 22, 1988, on the complaint of plaintiff, Florida National Bank ("Bank"), seeking exception from discharge of its claim pursuant to 11 U.S.C. § 532(a)(2)(A) and (B). The plaintiff was represented at trial by counsel and the debtor/defendants appeared pro se. The claims plaintiff seeks to have excepted from discharge consist of $5,188.11 principal plus interest on a credit line and $1,951.37 principal plus interest on a consumer promissory note. The debtors [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 88-9051
  3. In Re MacK (1997)

    "Is this a great country or what?", In re Cruz, 179 B.R. 975, 978 (Bankr.S.D.Fla.1995). The defendant in this adversary proceeding, brought pursuant to 11 U.S.C. § 523(a)(2)(A) to determine the dischargeability of credit card debt, epitomizes the conservative family values ideal of the stay at home mom who raises the children, buys groceries, and cooks, while her husband works to support the family. Sheila Mack is a housewife who was last employed in 1986. She has no income of her own except [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 97-07651, Adversary No. 97-90017
  4. In Re Moltech Power Systems, Inc. (2005)

    THIS MATTER came before the Court for hearing on May 5, 2005, upon the Motion for Summary Judgment filed by Plaintiff Moltech Power Systems ("Moltech"), the debtor-in-possession in the Chapter 11 case. Moltech seeks to avoid as preferences certain payments it made to creditor Tooh Dineh. 11 U.S.C. § 547(b). Tooh Dineh claims these payments cannot be avoided because they were made within the ordinary course of business. 11 U.S.C. § 547(c)(2). This Court has jurisdiction under 28 U.S.C. § [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 01-00335-LMK, Adversary No. 03-90048-LMK
  5. In Re Jackson (1988)

    THIS MATTER having come on for consideration upon the debtors' motion to avoid additional judicial liens on their interest in certain personal and homestead property claimed as exempt, and the Court having reviewed the record and otherwise being fully advised in the premises, has determined as follows:


    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 87-04353
  6. In Re Sly (2002)

    This matter is before the Court on the opposing motions for summary judgment of the Plaintiffs and Defendant in this adversary proceeding. 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 is a core proceeding pursuant to 28 U.S.C. § 157(b) and the Court has the authority to enter a final order. For the reasons indicated below, this Court is denying the motions of the United States and Debtors for [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 90-04377. Adversary No. 01-80025
  7. In Re Mariner Enterprises of Panama City, Inc. (1989)

    This case is before the Court upon creditor AmSouth Bank of Florida's (AmSouth) emergency motion seeking to prohibit the Debtor from disposing of certain rents, in which AmSouth claims a security interest. The Court heard argument of counsel on October 3, 1989.


    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 89-04751
  8. In Re Woods (2001)

    THIS CASE came before the Court upon Creditor Alabama Telco Credit Union's Motion for Enlargement of Time to file an adversary proceeding. This Court has jurisdiction under 28 U.S.C. §§ 151, 157(b)(2)(I), and 1334. The matter is subject to 11 U.S.C. §§ 523(a), 523(c)(1); and Fed.R.Bankr.P. 4007(c), 9006(b)(3). For the reasons more thoroughly explained below, the Creditor's motion to extend the time to file an adversary complaint is DENIED. The following findings of fact and conclusions of [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: 00-41906-PNS3
  9. In Re Bader (1990)

    This action came before this court on the Trustee's motion to determine the reasonableness of fees paid to the debtors' attorney. Section 329 of the Bankruptcy Code gives the Bankruptcy Court the power to require the return of any payment of fees which the court determines to be excessive. The issue before the court is whether $5,000 is a reasonable fee to be paid to an attorney for a Chapter 7 case involving individual debtors. It is the court's determination that $5,000 is an excessive fee [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 89-07394
  10. Carla S. O'Conner and Dewey B. O'Conner, Jr. (2005)

    THIS MATTER came before the Court for hearing on October 12, 2005, upon the United States Trustee's Motion to Dismiss Case Pursuant to 11 U.S.C. § 707(b), filed on September 7, 2005 (Doc. 15) (the Motion). The Court has jurisdiction over this matter and this is a core proceeding under 28 U.S.C. § 1334 and 28 U.S.C. § 157(b)(1). Having considered the arguments presented by counsel and reviewed the pleadings and related documents submitted in this case, I hold that it is not a substantial [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: 05-40681-LMK
  11. In Re Meridian Asset Management, Inc. (2003)

    THIS CASE came before this Court on the Defendant Capital City Bank f/k/a Industrial National Bank's Motion to Dismiss Plaintiff Securities Investor Protection Corporation's (SIPC) First Amended Complaint. For the reasons discussed below Capital City Bank's Motion to Dismiss will be GRANTED. This Court has Jurisdiction over this adversary proceeding pursuant to § 78eee(b)(4) of the Securities Investor Protection Act (SIPA), 15 U.S.C. § 78aaa, et seq. This is not a core proceeding. Venue is [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 00-90029 TLH-4, Adversary No. 02-90036
  12. In Re Zabelski (1988)

    THIS MATTER is before the Court on the Trustee's Objection to the Exemption claimed by these Chapter 7 debtors of their interest in pension and profit sharing plans sponsored by their employer.


    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 87-07227
  13. In Re Anderson (1989)

    The Debtors have moved the Court to reopen their no-asset bankruptcy case, pursuant to Section 350 of the Bankruptcy Code, to allow them to add and discharge an additional creditor, the Veterans Administration (VA). Because reopening of the case to add the VA would not affect the discharge of that debt, the Debtor's motion is denied.


    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 88-07208
  14. In Re Dereve (2007)

    This matter came before the Court on the plaintiff's adversary complaint objecting to the debtor's discharge. The Court has jurisdiction to hear this matter pursuant to 28 §§ 157 and 1334 and the Order of Reference of the District Court. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2), and the Court has authority to enter a final order. For the reasons indicated below, the Court is denying the plaintiffs objection to the debtor's discharge pursuant to 11 U.S.C. §§ 727(a)(3) and [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 06-30455. Adversary No. 06-03030
  15. In Re Shearer (1990)

    This matter is before the Court on Gail Ann Shearer's ("Plaintiff") motion for assessment of attorney's fees. Plaintiff seeks to have this Court award her attorney's fees for fees arising in this adversary proceeding to determine the dischargeability of debts. Having considered the argument of counsel and for the reasons set forth below, Plaintiff's motion for assessment of attorney's fees is denied.


    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 89-00055, Adv. No. 89-9119
  16. In Re Moltech Power Systems, Inc. (2005)

    THIS MATTER is before the Court on cross-motions for summary judgment ("Motions") filed by both parties to this adversary proceeding. On May 16, 2003, the Plaintiff, Moltech Power Systems, Inc. ("MPS"), filed its Complaint to recover preference payments in the amount of $280,631.00 from the Defendant, Truelove & Maclean, Inc. ("T & M"), under 11 U.S.C. § 547, to which T & M raised the affirmative defense of new value found in § 547(c)(4). The Court has jurisdiction over this [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 01-00335, Adversary No. 03-90049
  17. In Re Cash Cow Services of Florida, LLC (2000)

    THIS MATTER is before the Court upon the Motion of the United States Trustee to compel full payment of the quarterly fees owed by the Debtor pursuant to 28 U.S.C. § 586[1] and 28 U.S.C. § 1930(a)(6).[2] This Court has jurisdiction pursuant to 28 U.S.C. §§ 151, 157(b)(2)(B), and 1334. At issue is whether the flow of cash in the form of title loans from the Debtor to its various customers constitutes "disbursements" subject to fees payable to the United States Trustee. For the reasons more [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: 99-79997-TLH4
  18. In Re Florida Bay Banks, Inc. (1993)

    THIS CAUSE was heard by the Court on the motion of the Defendants, Florida Department of Banking and Finance and Gerald A. Lewis, for sanctions against the Debtor and its counsel pursuant to Bankruptcy Rule 9011. On review and consideration of the oral and written legal arguments of counsel, the Court concludes that the Debtor's filing of its Complaint Seeking to Enjoin Action was not warranted by existing law or a good faith argument for the extension, modification or reversal of existing [...]

    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 93-02021, Adv. No. 93-9013
  19. In Re AW & Associates, Inc. (1996)

    THIS adversary proceeding came on for trial on the complaint of William J. Miller, Jr. as trustee of A.W. & Associates to avoid as a preferential transfer a payment of $6,131.05 made by the debtor to the defendant within ninety (90) days prior to the filing of the bankruptcy petition. The defendant has raised the ordinary course of business exception under 11 U.S.C. § 547(c)(2) as an affirmative defense.


    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 93-02135. Adv. No. 95-90024
  20. In Re Price (1993)

    This case came before the Court on the motion of a creditor, Aaron Price, Sr., for relief from the automatic stay. The creditor, Aaron Price, Sr., seeks relief from the automatic stay pursuant to 11 U.S.C. § 362(d)(1) so that he may pursue all available non-bankruptcy law remedies in the state domestic relations court.


    Court: Bankruptcy Court for the Northern District of Florida Docket: Bankruptcy No. 92-07475-A

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