FINDINGS OF FACT AND CONCLUSIONS OF LAW Jerry A. Funk , United States Bankruptcy Judge . This case came before the Court upon Motion for Leave to File State Court Action against Trustee, Aaron R. Cohen, Pursuant to 28 U.S.C.A. 959(b) (the "Motion for Leave") (Doc. 68). The Court conducted a trial on the matter on October 5, 2016. At the conclusion of the trial, the Court took the matter under advisement. Upon the evidence and the applicable law, the Court makes the following Findings of...
MEMORANDUM OPINION AND ORDER ON TRUSTEE'S MOTION FOR TURNOVER K. RODNEY MAY , Bankruptcy Judge . Shortly before this case was converted from Chapter 13 to Chapter 7, the Debtors received about $17,000 of insurance proceeds after their car was "totaled" in an automobile accident. The issue before the Court is whether the insurance proceeds are property of the Chapter 7 estate. If so, they are subject to turnover under 11 U.S.C. 542 of the Bankruptcy Code. 1 For the reasons set forth...
MEMORANDUM DECISION ON DEBTORS' MOTION TO AVOID JUDGMENT LIEN ROBERTA A. COLTON , Bankruptcy Judge . A judgment lien will generally survive a chapter 13 discharge. But when, as here, the creditor files a wholly unsecured proof of claim, the claim is expressly allowed as unsecured in court orders, and the claim is treated and paid as unsecured for five years under a confirmed plan, survival of the creditor's lien is less clear. After completing a chapter 13 plan and receiving a discharge,...
FINDINGS OF FACT AND CONCLUSIONS OF LAW JERRY A. FUNK , Bankruptcy Judge . This case came before the Court upon the Motion to Determine Secured Status of Secured Claim 1 of Old Ponte Vedra Beach Condominium Association, Inc. and Strip Lien Effective Upon Discharge (Class 8 of the Plan) (the "Motion") (Doc. 68). Old Ponte Vedra Condominium Association, Inc. (the "Association") filed an objection to the Motion. On October 4, 2016, the Court conducted a hearing on the Motion and elected to...
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON HOMESTEAD EXEMPTION Michael G. Williamson , Chief United States Bankruptcy Judge . In order for real estate to qualify for the Florida homestead exemption, 1 a debtor must possess the intent to make the property a permanent homestead, and must couple that stated intention with evidence that even if the property is uninhabitable (as is the case here), the property is capable of occupancy and that the debtor has taken steps to make the property...
FINDINGS OF FACT AND CONCLUSIONS OF LAW JERRY A. FUNK , Bankruptcy Judge . This case came before the Court upon Amended Motion to Modify Confirmed Plan (the "Amended Motion to Modify") (Doc. 303) and Motion to Determine Secured Status (Doc. 301) filed by the Debtor. Wells Fargo Bank, N.A. ("Wells Fargo") filed objections to the Amended Motion to Modify and to the Motion to Determine Secured Status. The Court conducted a trial on the matters on September 7, 2016 and elected to take the...
FINDINGS OF FACT, CONCLUSIONS OF LAW AND FINAL JUDGMENT K. RODNEY MAY , Bankruptcy Judge . On April 4, 2014, Bambi Herrera-Edwards, the debtor ("Debtor") in the above-captioned Chapter 11 case (the "Main Case"), filed a motion to reject executory portions of a 1997 Co-Publishing Agreement ("Motion to Reject"), seeking to establish her ownership of the administration rights over her share of the music copyrights that were owned by her late husband, Bernard Edwards. 1 On July 29, 2013,...
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON COMPLAINT TO AVOID FRAUDULENT TRANSFERS AND RECOVER PROPERTY TRANSFERRED PURSUANT TO 11 U.S.C. 550 JERRY A. FUNK , Bankruptcy Judge . The Court conducted a trial on Plaintiff's Complaint to Avoid Fraudulent Transfers and to Recover Property Transferred Pursuant to 11 U.S.C. 550 (DocA. 1 1 ), on October 20, 2016 at 1:30 p.m. in Jacksonville, Florida pursuant to a prior Order of the Court dated August 30, 2016. (DocA. 51 2 ) In that Order,...
MEMORANDUM OPINION ON FEE APPLICATION Michael G. Williamson , Chief United States Bankruptcy Judge . In Baker Botts v. ASARCO, the United States Supreme Court held that Bankruptcy Code 330(a) does not authorize attorney's fees for work performed defending a fee application because that work is not performed for the estate. 1 Here, the U.S. Trustee claims Baker Botts precludes a professional employed under 327 from recovering fees for work supplementing his fee application after...
MEMORANDUM OPINION ON DISCHARGEABILITY OF DEBT AND OBJECTION TO DISCHARGE AND PLAINTIFFS' MOTIONS TO ALLOW EXCLUDED EVIDENCE AND FOR NEW TRIAL CARYL E. DELANO , Bankruptcy Judge . Bruce and Carol Ann Forbes ("Plaintiffs") hired Moore Pizazz, LLC ("Moore Pizazz") to provide interior design services, furniture, and materials for their newly constructed Naples, Florida home. Moore Pizazz did not complete the project as agreed; Plaintiffs sued and obtained a judgment against Moore Pizazz and...
MEMORANDUM OPINION ON DISCHARGEABILITY OF DEBT AND OBJECTION TO DISCHARGE AND PLAINTIFFS' MOTIONS TO ALLOW EXCLUDED EVIDENCE AND FOR NEW TRIAL Caryl E. Delano , United States Bankruptcy Judge . Bruce and Carol Ann Forbes ("Plaintiffs") hired Moore Pizazz, LLC ("Moore Pizazz") to provide interior design services, furniture, and materials for their newly constructed Naples, Florida home. Moore Pizazz did not complete the project as agreed; Plaintiffs sued and obtained a judgment against...
MEMORANDUM OPINION ARTHUR B. BRISKMAN , Bankruptcy Judge . This matter came before the Court on the Plaintiff's Verified Motion for Default Final Judgment as to Defendant JPMorgan Chase Bank, N.A. (Doc. No. 13; the "Motion for Final Judgment"). Plaintiff, Amanda Ramirez ("Debtor") seeks a final default judgment which discharges $46,521.00 in student loan debt held by Defendant, JPMorgan Chase Bank, N.A. ("Chase"). The Court makes the following Findings of Fact and Conclusions of Law after...
MEMORANDUM OPINION GRANTING MOTION FOR RELIEF FROM STAY KAREN S. JENNEMANN , Bankruptcy Judge . Allied World Specialty Insurance Company ("Allied") provided surety bonds to insure performance and payment for commercial plumbing jobs undertaken by the Debtor, Progressive Plumbing, Inc. ("Progressive"). Two of the bonded projects involved the same general contractor, The Evergreen Construction Corporation. 1 One project was located in Atlanta and, due to Progressive's inability to complete...
MEMORANDUM OPINION ON HOMESTEAD EXEMPTION Michael G. Williamson , Chief United States Bankruptcy Judge . This case turns on a familiar baseball adage: a tie goes to the runner. The Chapter 7 Trustee in this case has objected to the Debtor's attempt to claim a house she acquired as a beneficiary under her mother's living trust as homestead. According to the Trustee, the homestead exemption cannot be used to extinguish a preexisting lien. Here, the Trustee holds the rights of a hypothetical...
MEMORANDUM OPINION SUPPLEMENTING ORDER DENYING DEBTOR'S SECOND VERIFIED MOTION FOR SANCTIONS AGAINST NATIONSTAR MORTGAGE FOR VIOLATION OF THE DISCHARGE INJUNCTION (DOC. NO. 68) CARYL E. DELANO , Bankruptcy Judge . THIS CASE came on for hearing on February 25, 2016, and May 26, 2016, on the Second Verified Motion for Sanctions against Nationstar Mortgage, LLC for Violation of the Discharge Injunction (Doc. No. 68) (the "Motion") filed by Debtor Arlene Roth ("Debtor") and the opposition...
ORDER AND MEMORANDUM OPINION ON MOTION TO SUPPLEMENT RECORD Michael G. Williamson , Chief United States Bankruptcy Judge . Federal Rule of Bankruptcy Procedure 8009 permits this Court to supplement the record on appeal if anything material is omitted by mistake. Here, six probate estates appealed a final judgment in favor of Rubin Schron, which the Court entered after dismissing all the probate estates' claims against him with prejudice. The probate estates have now asked the Court to...
MEMORANDUM OPINION DENYING JUDGMENT DEBTORS' MOTION FOR RECONSIDERATION Karen S. Jennemann , United States Bankruptcy Judge . Chittranjan Thakkar and Carson Good, former business partners, are now feuding opponents. They always operated through numerous business entities, and, with their divorce, the complexities caused by this convoluted system is taking a simple dispute to unimaginably litigious and vindictive heights. All of this is compounded by the animosity between the parties,...
ORDER IMPOSING SANCTIONS AGAINST PROTECT AMERICA, INC. CATHERINE PEEK McEWEN , Bankruptcy Judge . This case came before the Court on June 21, 2016, for consideration of William and Edna Slavens' motion for an order enforcing the automatic stay and sanctioning Protect America, Inc. for willful violations of the automatic stay (Doc. No. 18). After considering the Slavens' motion, the argument of counsel, 1 and the relevant law, the Court deems it appropriate to grant the Slavens' motion....
MEMORANDUM OPINION ON CROSS MOTIONS FOR SUMMARY JUDGMENT REGARDING DEBTORS' OWNERSHIP OF REC LEASE, LEASE REJECTION DAMAGES CLAIMS AND RENT COLLECTION RIGHTS K. RODNEY MAY , Bankruptcy Judge . INTRODUCTION This adversary proceeding is one of the last remaining disputes in the struggle for control of the 18-acre Colony Beach and Tennis Club Resort (the "Resort"). 1 The Chapter 7 trustee (the "Trustee") for the above-referenced debtors filed this proceeding in September 2014 on behalf of...
MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (Doc. No. 23) K. RODNEY MAY , Bankruptcy Judge . THIS ADVERSARY PROCEEDING came before the Court for hearing on June 14, 2016 to consider the Liquidating Agent's Motion for Summary Judgment on Count II of the Complaint (the " Motion for Summary Judgment ") against Gregory E. Matton, P.A. (" Matton P.A. ") Gregory E. Matton, Individually, d/b/a Gregory E. Matton, P.A. (" Matton ") (collectively " Defendants ")...
