Bankruptcy Court for the Southern District of Florida. Court Cases

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  1. In Re Henebury (2007)

    THIS MATTER came before the Court for evidentiary hearing on January 25, 2007 upon the United States Trustee's ("UST") Amended Motion to Dismiss Case Pursuant to 11 U.S.C. § 707(b)(1) & (b)(3) ("Motion") filed on November 17, 2006. On December 19, 2006, Debtors filed a Response to UST's [Motion].


    Court: Bankruptcy Court for the Southern District of Florida. Docket: 06-13354-BKC-PGH
  2. In Re SM 104 Ltd. (1993)

    This matter is before the court on the objections of EquiVest Inc., the successor to Realty South Investors, to the confirmation of the plan of the Debtor, SM 104 Limited. For the reasons stated below, the court denies confirmation.


    Court: Bankruptcy Court for the Southern District of Florida. Docket: Bankruptcy No. 92-22698-BKC-AJC
  3. In Re American Way Service Corp. (1999)

    Although there are many, varied issues connected with these consolidated adversary proceedings, the major points of contention are whether one, or more, of the Defendants received avoidable fraudulent conveyances, under federal or state law, and whether certain personal property assets are property of one of the bankruptcy estates or whether such assets are owned by other non-debtor persons. Some of the ancillary issues include the burden of proof in 11 U.S.C. §§ 548 and 549 avoidance [...]

    Court: Bankruptcy Court for the Southern District of Florida. Docket: Bankruptcy No. 94-24696-BKC-RBR, Adversary Nos. 96-0896-BKC-RBR-A, 96-1329-BKC-RBR-A
  4. In Re Gerardin (2011)

    A variety of procedural motions are pending in these cases, all of which require resolution of the same threshold legal issue— whether a chapter 13 debtor who is ineligible to receive a chapter 13 discharge may, nonetheless, strip off the lien of a wholly unsecured mortgage in a chapter 13 plan. The resolution of this issue rests on the applicability and interpretation of 11 U.S.C. § 506 and 11 U.S.C. § 1325(a)(5)(B). For the reasons set forth below, the Court[1] answers the question in the [...]

    Court: Bankruptcy Court for the Southern District of Florida. Docket: 10-16511-RAM, 10-13622-BKC-RAM, 10-14885-BKC-RAM, 09-33875-BKC-RAM, 10-11923-BKC-LMI, 10-12684-BKC-LMI, 09-36665-BKC-AJC
  5. In Re Parada (2008)

    This matter came before me on November 28, 2007 on the U.S. Trustee's Motion to Dismiss Pursuant to 11 U.S.C. § 707(b)(1) (CP #34). Having heard presentation of counsel, having considered the evidence presented, and having reviewed the applicable law, I determine for the reasons stated below that dismissal of this case is appropriate unless, within ten days of the entry of this Order, the Debtors move to convert this case to a case under either chapter 11 or chapter 13.


    Court: Bankruptcy Court for the Southern District of Florida. Docket: 07-15938-BKC-LMI
  6. In Re Talmo (1995)

    This Chapter 11 case was converted to Chapter 7 in November 1994 after several unsuccessful attempts by the debtor to reorganize. This opinion considers whether the debtor should now be allowed to amend his schedules to claim property as exempt which he previously scheduled as non-exempt and included as part of his proposed plans. Despite the generally permissive rules allowing amendments during a case, the facts and circumstances in this case require the Court to disallow the amendment.


    Court: Bankruptcy Court for the Southern District of Florida. Docket: Bankruptcy No. 93-32745-BKC-RAM
  7. In Re Benedetti (2007)

    THIS MATTER came before the Court for hearing upon the United States Trustee's ("UST") Motion to Dismiss Chapter 7 Case Pursuant to 11 U.S.C. § 707(b) ("Motion to Dismiss") (DE # 22). In the Motion to Dismiss, the UST argues that: (1) Debtor should not be allowed to deduct payments on secured property that she intends to surrender; and (2) without those deductions, the presumption of abuse arises. The Court heard arguments from counsel, and directed the parties to submit post-hearing memoranda [...]

    Court: Bankruptcy Court for the Southern District of Florida. Docket: 06-13003-BKC-AJC
  8. In Re Piper Aircraft Corp. (1994)

    Piper Aircraft Corporation has been designing, manufacturing and selling general aviation aircraft and associated spare parts since 1937. Approximately 50,000 to 60,000 aircraft are still operational in the United States. Piper is attempting to reorganize under Chapter 11 of the Bankruptcy Code. Following confirmation of a plan, some of these planes will crash. People will be killed or injured. Others will suffer property damage. Some of the crashes may be caused in whole or in part by design [...]

    Court: Bankruptcy Court for the Southern District of Florida. Docket: Bankruptcy No. 91-31884-BKC-RAM
  9. In Re Allison (1994)

    THIS CAUSE having come before the Court upon agreement of the parties for decision by the Court without trial, and the Court having reviewed the pleadings, the record and the entire file, and being otherwise fully advised in the premises, the Court makes the following findings of fact and conclusions of law:


    Court: Bankruptcy Court for the Southern District of Florida. Docket: Bankruptcy No. 94-10344-BKC-AJC. Adv. No. 94-0420-BKC-AJC-A
  10. In Re Fuzion Technologies Group, Inc. (2005)

    THIS MATTER came before the Court for hearing on Tuesday, November 30, 2004. The Court has heard the argument of counsel for the respective parties, has considered the record in this cause and the memoranda filed therein, and is otherwise fully advised. The Court finds as follows.


    Court: Bankruptcy Court for the Southern District of Florida. Docket: Bankruptcy No. 01-28967-BKC-RBR, Adversary No. 03-2198-BKC-RBR-A
  11. In Re Safe-T-Brake of South Florida, Inc. (1993)

    This matter comes before the court on cross motions of the trustee, Marika Tolz, plaintiff in this adversary proceeding to recover an alleged preference, and the defendant in the adversary, Barnett Bank of South Florida, N.A., for summary judgment brought under Fed.R.Civ.P. 56, made applicable to adversary proceedings in bankruptcy cases by Fed.R.Bankr.P. 7056. For the reasons stated below, this court denies the Trustee's motion for summary judgment and grants Barnett Bank's cross motion for [...]

    Court: Bankruptcy Court for the Southern District of Florida. Docket: Bankruptcy No. 90-25733-BKC-AJC. Adv. No. 92-1016-BKC-AJC-A
  12. In Re F & C Services, Inc. (1984)

    This Cause came on to be heard upon a complaint for turnover of property of the Debtor, to avoid a fraudulent conveyance and for damages filed herein and the Court, having heard the testimony and examined the evidence presented; observed the candor and demeanor of the witnesses; considered the arguments of counsel and being otherwise fully advised in the premises, does hereby make the following findings of fact and conclusions of law:


    Court: Bankruptcy Court for the Southern District of Florida. Docket: Bankruptcy No. 84-00623-BKC-SMW, Adv. No. 84-0200-BKC-SMW-A
  13. In Re Model Imperial, Inc. (2000)

    MEMORANDUM DECISION AND ORDER ON CORRECTED AMENDED OBJECTION OF LIQUIDATING TRUSTEE OF THE MODEL IMPERIAL LIQUIDATING TRUST TO ALLOWANCE OF CLAIM OF HAMILTON BANK AND AMENDED COUNTERCLAIM


    Court: Bankruptcy Court for the Southern District of Florida. Docket: Bankruptcy Nos. 96-32922-BKC-PGH, 96-32929-BKC-PGH. Adversary No. 98-3007-BKC-PGH-A
  14. In Re Aqua Clear Technologies, Inc. (2007)

    This adversary proceeding was tried before me on October 11 and 27, 2006. Having considered the pleadings, the pretrial order, the testimony of witnesses, the exhibits entered into evidence and the arguments of counsel, I make the following findings of fact and conclusions of law:


    Court: Bankruptcy Court for the Southern District of Florida. Docket: Bankruptcy No. 04-27388-BKC-JKO, Adversary No. 05-2092-BKC-JKO-A
  15. In Re Morales (2008)

    THIS MATTER came before the Court on November 27, 2007, upon the Trustee's Objection to Debtor's Claimed Exemptions. [DE # 24]. The Court has carefully reviewed the entire case file, all of the pleadings and submissions filed by the parties, and considered the arguments of counsel. The Court will sustain the objection for the reasons that follow.


    Court: Bankruptcy Court for the Southern District of Florida. Docket: 07-16284-BKC-RBR
  16. In Re United Container LLC (2002)

    This opinion addresses motions for remand filed in two adversary proceedings, proceeding Adv. No. 02-1285, styled E.S. Bankest, L.L.C. ("Bankest") v. United Beverage, L.L.C. et al. (the "United Beverage Proceeding") and Adv. No. 02-1372, styled Bankest v. General Electric Company ("GE"), et al. (the "GE Proceeding"). These proceedings are not consolidated but the Court is issuing a single Memorandum Opinion since the motions for remand in the two proceedings present similar factual issues and [...]

    Court: Bankruptcy Court for the Southern District of Florida. Docket: Bankruptcy No. 01-22614-8G7. Adversary Nos. 02-1285-BKC-RAM-A, 02-1372-BKC-RAM-A
  17. In Re Moreno (2006)

    The issue presented in the contested claims objections pending in these Chapter 13 cases is whether unsecured claims should be disallowed where the sole basis of objection is the claimant's alleged failure to attach to the claim documentation sufficient to comply with Rule 3001(c), Fed.R.Bankr.P. For the reasons that follow, the Court concludes that the answer is no. Insufficient documentation is not a basis to disallow a claim under § 502 of the Bankruptcy Code.


    Court: Bankruptcy Court for the Southern District of Florida. Docket: 03-18692-BKC-RAM, 04-16171-BKC-RAM
  18. In Re NAL Financial Group, Inc. (1999)

    THIS MATTER came before the Court on March 9, 1999, upon the Official Committee of Unsecured Creditors' (the "Committee") Motion for Summary Judgment Against Interbanc Mortgage Services, Inc. (the "Motion for Summary Judgment"). On March 23, 1999, Interbanc Mortgage Services, Inc. ("Interbanc") filed a Response to the Committee's Motion for Summary Judgment (the "Response"). On March 25, 1999, Interbanc filed the Affidavit of Paul Henderson in Opposition to Motion for Summary Judgment filed by [...]

    Court: Bankruptcy Court for the Southern District of Florida. Docket: Bankruptcy Nos. 98-21966-BKC-PGH to 98-21972-BKC-PGH
  19. In Re TOUSA, Inc. (2009)

    In this adversary proceeding, the Creditors' Committee seeks to avoid (as fraudulent transfers) and to recover some $500 million in liens granted by certain of the Debtors (the "Conveying Subsidiaries") less than 6 months before their bankruptcy filings in January 2008 and at a time when the Committee contends that the Conveying Subsidiaries were insolvent. The Committee also seeks to recover some $420 million paid in cash to prior lenders to other Debtors whose loans were paid out as part of [...]

    Court: Bankruptcy Court for the Southern District of Florida. Docket: Bankruptcy No. 08-10928-JKO. Adversary No. 08-1435-JKO
  20. In Re Ferretti (1999)

    The Chapter 7 trustee in this case which was converted from Chapter 13 objected to debtor's claim of exemption in automobile accident proceeds paid to the debtor prior to conversion. The debtor claimed the accident proceeds exempt in his Chapter 13 schedules and the Chapter 13 trustee did not object to the exemption. The issue before this court is whether the Bankruptcy Code affords the Chapter 7 trustee a new opportunity in the 30 days following the section 341 meeting of creditors in the [...]

    Court: Bankruptcy Court for the Southern District of Florida. Docket: Bankruptcy No. 95-15422-BKC-AJC

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