Chapter 7 ORDER ON MOTION TO DISMISS PURSUANT TO 11 U.S.C. SECTION 707(b)(1) PAUL M. GLENN, Chief Bankruptcy Judge THIS CASE came before the Court to consider the Motion to Dismiss Pursuant to 11 U.S.C. Section 707(b)(1) filed by Donald F. Walton, the United States Trustee for Region 21 (the UST). (Doc. 45). The Debtors, Michael John St. Jean and Kim Ann St. Jean, filed a written Response to the Motion. (Doc. 58). A threshold issue presented by the Motion and Response is whether the UST...
MEMORANDUM OPINION DENYING DEFENDANT'S REQUEST TO APPLY FOREIGN LAW KAREN S. JENNEMANN, Chief Bankruptcy Judge. Defendant, the Royal Bank of Scotland N.V., f/k/a ABN AMRO Bank N.V. ("RBS"), asks for a ruling as to whether "English" law or U.S. law applies to this adversary proceeding. 1 Defendant asserts the term sheets highlighting key provisions of the parties' relationship include a binding English choice of law. Plaintiff argues Florida law applies because the term sheets are not binding...
MEMORANDUM OPINION ON PLAN CONFIRMATION 1 MICHAEL G. WILLIAMSON, Bankruptcy Judge. The Debtor proposed a chapter 11 plan that provides for the contribution of substantial assets from the principals of the Debtor's parent company, Olympia Investment Group, LLC., who are also the non-debtor guarantors of a debt owed to a creditor, German American Capital Corporation, to help effect a successful reorganization. In exchange for that contribution, the Debtor requested releases for the non-...
ORDER DENYING DEFENDANT'S REQUEST TO APPLY FOREIGN LAW KAREN S. JENNEMANN, Chief Bankruptcy Judge. Defendant has filed its Notice of Application of Foreign Law. 1 Consistent with the Memorandum Opinion Denying Defendant's Request to Apply Foreign Law, it is ORDERED: 1. Factual disputes preclude determination of choice of law for plaintiff's breach of oral contract claims and unjust enrichment claims (Counts I - IV and XI). 2. Florida law shall apply to plaintiff's tort claims (Counts V -...
MEMORANDUM OPINION GRANTING DEFENDANT'S MOTION FOR FINAL SUMMARY JUDGMENT AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT KAREN S. JENNEMANN, Chief Judge. Both parties move for summary judgment in this adversary proceeding asserting that a judgment for attorney fees is not dischargeable. Defendant's Motion for Final Summary Judgment 1 is granted. Plaintiff's Cross-motion for Summary Judgment, 2 made in conjunction with plaintiff's Opposition to Defendant's Motion for Summary Judgment,...
ORDER GRANTING MOTIONS TO DISMISS AND MEMORANDUM OPINION ON JOINDER AND PLEADING REQUIREMENTS MICHAEL G. WILLIAMSON, Bankruptcy Judge. This action is brought by William Roberts as the liquidating agent appointed pursuant to the terms of a confirmed plan of reorganization 1 (" Plaintiff "). Plaintiff seeks to avoid numerous fraudulent transfers of the Debtor's used vehicle inventory that were allegedly consummated through the operation of various kickback schemes and to recover the proceeds...
MEMORANDUM OPINION AND FINAL JUDGMENT IN FAVOR OF DEFENDANT K. RODNEY MAY, Bankruptcy Judge. This is an adversary proceeding to determine whether a debt is excepted from discharge, pursuant to 11 U.S.C. 523(a)(2) and (6). 1 After a trial, an oral ruling in favor of Mr. Ellis, appearing pro se, was read into the record in open court (Document No. 25). This memorandum opinion supplements the bench ruling which is incorporated herein by reference. The defendant, one of the debtors in this...
CONSOLIDATED MEMORANDUM OPINION ON DEBTORS' ELIGIBILITY FOR CHAPTER 13 RELIEF DAVID H. ADAMS, Bankruptcy Judge. Section 109(e) limits relief under Chapter 13 to individuals with less than $1,081,400.00 in secured debt and $360,475.00 in unsecured debt. Each of the Debtors' bankruptcy schedules reflect debt exceeding the Section 109(e) limits. The Debtors claim they are eligible for Chapter 13 relief because (i) the filed claims are less than the applicable Section 109(e) limits; or (ii)...
ORDER AND MEMORANDUM OPINION DENYING IN PART AND DEFERRING IN PART DEFENDANT'S MOTION TO DISMISS OR ABSTAIN CATHERINE PEEK McEWEN, Bankruptcy Judge. THIS PROCEEDING came on for consideration without a hearing on the Defendant's Motion to Dismiss or Abstain (the "Motion") (Doc. 12). In the Motion, the Defendant asks the Court to dismiss the complaint or abstain from hearing this adversary proceeding based on the decision of the United States Supreme Court in Stern v. Marshall, ___ U.S. ___,...
MEMORANDUM OPINION PARTIALLY GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING DEFENDANTS' MOTION FOR SUMMARYJUDGMENT KAREN S. JENNEMANN, Bankruptcy Judge. The plaintiff in this adversary proceeding, reorganized debtor M. Davis Management, Inc., seeks to avoid pre-petition transfers of over $1 million from the pre-bankruptcy company to its former vice president, director, and CEO, Dennis Zink, and his wife, majority (51%) shareholder and company president, Michele Zink....
ORDER DENYING MOTION FOR RECONSIDERATION KAREN S. JENNEMANN, Bankruptcy Judge. This adversary proceeding came on for consideration on the Motion of Integra Bank, N.A., to Reconsider in Part the Court's Ruling on Plaintiff's Motion to Strike Certain Designations of Items to be Included in the Record on Appeal Filed by Integra Bank, N.A., with Respect to Bank Test Case No. 1 (Doc. No. 59). The legal standard for reconsideration is defined in Federal Rule of Bankruptcy Procedure 9023 1 and...
MEMORANDUM OPINION PARTIALLY GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT KAREN S. JENNEMANN, Bankruptcy Judge. In this adversary proceeding, the Chapter 11 trustee, Soneet R. Kapila, seeks to avoid transfers of over $20 million paid by certain of the joint debtors to defendant Mercantile Bank, 1 arguing both that the transfers were made with actual fraudulent intent (Counts I and II) and, disregarding intent, that certain transfers were constructively fraudulent (Counts III and IV)....
MEMORANDUM OPINION PARTIALLY GRANTING PLAINTIFF'S MOTION TO REINSTATE REPATRIATION ORDER KAREN S. JENNEMANN, Bankruptcy Judge Defendants, Daniel and David Allen, are brothers and former shareholders of the debtor, Advanced Telecommunication Network, Inc. ("ATN"). The Allens also owe ATN $6 million based on this Court's final judgment in this adversary proceeding. 1 ATN now wants to begin proceedings supplementary to collect the judgment and asks this Court to adopt factual findings made by...
MEMORANDUM OPINION PARTIALLY GRANTING AND PARTIALLY DENYING TRUSTEE'S AMENDED AND RENEWED MOTION TO COMPEL PRODUCTION OF DEUTSCHE BANK KAREN S. JENNEMANN, Bankruptcy Judge. In this adversary proceeding the Chapter 7 trustee, Carla Musselman, seeks to quiet title and to value at zero dollars defendant Deutsche Bank's alleged secured interest in debtor Maria Balderrama's non-homestead real property. As part of discovery, the trustee served interrogatories and document production requests...
MEMORANDUM OPINION ARTHUR B. BRISKMAN, Bankruptcy Judge. This matter came before the Court on the Amended Complaint (Doc. No. 11) filed by the Plaintiff/Debtor Las Vegas Casino Lines, LLC ("Plaintiff") against the Defendant Robert Abbott seeking turnover of funds Defendant allegedly stole while aboard Plaintiff's gambling cruise ship. The final evidentiary hearing was held on March 7, 2011 at which a representative of the Plaintiff, the Defendant, and their respective counsel appeared....
MEMORANDUM OPINION ON CROSS MOTIONS FOR SUMMARY JUDGMENT MICHAEL G. WILLIAMSON, Bankruptcy Judge. Under Bankruptcy Code section 550, a bankruptcy trustee may recover the value of an avoided transfer from the immediate transferee of the initial transferee unless the immediate transferee proves that it took the transfer for value, in good faith, and without knowledge of its voidability. In this case, the Debtor, as developer of a condominium project, made a series of avoidable transfers to the...
MEMORANDUM OPINION OVERRULING TRUSTEE'S OBJECTION TO DEBTORS' AMENDED CLAIM OF EXEMPTIONS KAREN S. JENNEMANN, Bankruptcy Judge. The debtors, James and Marilynn Mathusa, claim an exemption under both Florida and federal law for funds held in an individual retirement account that Marilynn inherited from her mother. 1 The Chapter 7 Trustee, Leigh R. Meininger, objects, arguing the debtors' inherited IRA is not exempt under any theory or law. 2 Because the Court concludes that the inherited...
MEMORANDUM OPINION ON CHAPTER 7 TRUSTEE'S MOTION TO COMPEL TURNOVER AND OBJECTION TO AMENDED SCHEDULE C MICHAEL G. WILLIAMSON, Bankruptcy Judge. Under the Eleventh Circuit's Doan decision, 1 absent bad faith or prejudice to creditors, a debtor has a right to amend schedules at any time during the case. In this case, the Debtor amended his schedules to add a claim under Florida's "wildcard exemption," which allows a debtor who does not claim or receive the benefit of the Florida...
MEMORANDUM OPINION AND ORDER ON CREDITOR MONTANARO'S MOTION FOR RELIEF FROM STAY MICHAEL G. WILLIAMSON, Bankruptcy Judge. Section 319.22 of the Florida Statutes has long mandated that title to a motor vehicle or mobile home cannot pass until a certificate of title is issued to the new owner. Florida case law, however, has created an equitable exception to this requirement that applies when the original titleholder entrusts a vehicle to a dealer who has either express or implied authority to...
MEMORANDUM OPINION GRANTING FIDELITY NATIONAL TITLE INSURANCE COMPANY'S MOTION FOR SUMMARY JUDGMENT KAREN S. JENNEMANN, Bankruptcy Judge. In 2002, the plaintiff, Fidelity National Title Insurance Company, 1 extended a home equity line of credit to the debtor, Rafael Aquilino Garcia, secured by a home then owned by Garcia. Fidelity now seeks a summary judgment on its request to except from discharge under 523(a)(6) of the Bankruptcy Code 2 outstanding debts Garcia incurred on the line of...
