MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (ECF NO. 13) AND SETTING PRETRIAL CONFERENCE MINDY A. MORA , Bankruptcy Judge . THIS MATTER came before the Court upon Plaintiff's Motion for Final Summary Judgment on Counts II and III of its Complaint (ECF No. 13) (the " Motion ") (ECF No. 13) filed by Eden Day Spa, Inc. ("Eden") and the response (ECF No. 21) (" Response ") filed by the defendant/debtor, Renee Marie Bianca ("Debtor"). In addition to the...
ORDER (1) RESERVING RULING AND SETTING FURTHER HEARING ON MOTION TO DISMISS; (2) SETTING HEARING ON MOTION TO STAY DISCOVERY; AND (3) SETTING BRIEFING DEADLINES AND REQUIREMENTS ROBERT A. MARK , Bankruptcy Judge . The Court conducted a hearing on February 24, 2020, on Camilo Cola Filho's Motion to Dismiss or, in the Alternative, for Abstention (the "Motion to Dismiss") [DE# 141]. The Foreign Representative filed a response to the Motion to Dismiss (the "Response") [DE# 149] and Camilo...
ORDER (1) GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT REGARDING ASSIGNMENT (STANDING), AND (2) DENYING DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT ROBERT A. MARK , Bankruptcy Judge . The Court conducted a hearing on January 24, 2020, on (i) Plaintiff's Motion for Partial Summary Judgment Regarding Assignment — Standing Issue) (the "Motion for Summary Judgment") [DE #48], and (ii) Defendant's Verified Response to, and Cross-Motion for Summary Judgment on Standing Defense, to...
MEMORANDUM OPINION AND ORDER APPROVING IN PART AND DENYING IN PART FINAL FEE APPLICATION OF DEBTOR'S COUNSEL ANGELO A. GASPARRI AND THE LAW OFFICE OF ANGELO A. GASPARRI (ECF NO. 107) MINDY A. MORA , Bankruptcy Judge . This opinion serves as a cautionary tale for practitioners who undertake a chapter 11 representation without fully familiarizing themselves with the requirements of serving as counsel to a debtor in possession, including the appropriate protocols for compensation. Angelo...
MEMORANDUM ORDER GRANTING JOINT MOTION TO DISMISS CHAPTER 11 CASE A. JAY CRISTOL , Bankruptcy Judge . THIS MATTER came before the Court for hearing on January 9, 2020 upon the Joint Motion of NSR Imaging LLC and Daniele Mugnai to Dismiss Chapter 11 Case for Lack of Authority to File and for Bad Faith Pursuant to 11 U.S.C. 1112(b) [ECF No. 17] (" Motion to Dismiss ") filed by NSR Imaging, LLC (" NSR ) and Danielle Mugnai (" Mugnai " and collectively with NSR, the " Movants "), The...
ORDER DENYING MOTION FOR CONTEMPT BUT LIMITING SCOPE OF PERMISSIBLE RELIEF IN CRIMINAL CONTEMPT CASE ROBERT A. MARK , Bankruptcy Judge . The Court conducted a hearing on January 23, 2020, on Debtor's Verified Emergency Motion to Hold Creditor, Jeffrey Charlow and Creditor's Counsel Natalie Guerra-Valdes, Esq., in Contempt of Court for Intentional Violation of the Automatic Stay, to Enforce the Automatic Stay, and for Attorney's Fees and Other Sanctions (the "Motion for Contempt") [DE# 9]....
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT'S CONVERTED MOTION FOR SUMMARY JUDGMENT [ECF NO. 13], DENYING PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT [ECF NO. 28], AND CANCELLING PRE-TRIAL CONFERENCE MINDY A. MORA , Bankruptcy Judge . THIS MATTER initially came before the Court upon Defendant CFG LLC's Motion to Dismiss Adversary Complaint, or in the Alternative Motion for Summary Judgment and Incorporated Memorandum of Law in Support Thereof (ECF No. 13) (the " Converted...
ORDER DENYING MOTION FOR COMFORT ORDER ROBERT A. MARK , Bankruptcy Judge . The Court conducted a hearing on December 10, 2019, on the Motion to Confirm Personal Liability (the "Motion for Comfort Order") [DE# 69] filed by Bayview Loan Servicing, LLC ("Bayview"). Debtor's confirmed chapter 13 plan (the "Plan") [DE# 59] provides for direct payments to Bayview on its secured claim. Bayview seeks a comfort order finding that the Debtor's personal liability to Bayview will not be discharged if...
DO NOT PUBLISH ORDER DENYING MOTION TO DISMISS AND DIRECTING DEBTOR TO AMEND PLAN LAUREL M. ISICOFF , Chief Bankruptcy Judge . This matter came before the Court for trial on September 4, 2019, on the Motion to Dismiss (ECF #44) filed by the Chapter 13 Trustee, the Objection to Confirmation (ECF #46) filed by the Chapter 13 Trustee, and the Debtor's Response to Trustee's Motion to Dismiss (ECF #50) (the "Response"). The Court has considered the Motion to Dismiss, the Objection to...
ORDER (1) GRANTING FOREIGN REPRESENTATIVE'S MOTION TO RECONSIDER AND (2) DENYING COLA FILHO'S MOTION TO QUASH Robert A. Mark , Judge United States Bankruptcy Court . On May 14, 2019, the Court entered its Order Granting, Without Prejudice, Camilo Cola Filho's Motion to Quash (the "Order Granting Motion to Quash") [DE# 61]. That Order quashed a Notice of Rule 2004 Examination duces tecum (the "Subpoena") directed to Camilo Cola Filho ("Cola Filho") by Elias Mubarak Junior, the foreign...
ORDER AND MEMORANDUM OPINION ON DISCOVERY DISPUTES Laurel M. Isicoff , Chief United States Bankruptcy Judge . Does a trustee have to prove the avoidability of a transfer in every action against a subsequent transferee even if the trustee has avoided the transfer already 11 U.S.C. 550 authorizes a trustee to recover "transfer[s], ... avoided under section 544, 545, 547, 548, 549, 553(b), or 724(a) of this title, ... the property transferred, or, if the court so orders, the value of such...
ORDER GRANTING MOTION TO STRIKE CHARGING LIEN Laurel M. Isicoff , Chief United States Bankruptcy Judge . This matter came before the Court on August 7, 2019 (the "Hearing") on Motion to Strike (ECF #430) filed by Creditor/Interested Party, Miami Development & Holdings, LLC (the "Motion to Strike") the Verified Notice and Claim of Attorneys' Charging Lien (ECF #291, Re-docketed ECF #295) (the "Charging Lien") filed by Irons Law Group ("Irons"). The Court has considered the Motion to...
ORDER GRANTING FOREIGN REPRESENTATIVE'S MOTIONS FOR PROTECTIVE ORDER Robert A. Mark , Judge United States Bankruptcy Court . The Court conducted a hearing on September 18, 2019, on two motions for a protective order (together, the "Motions") [DE #93, 94] filed by Elias Mubarak Junior, the foreign representative of the Debtors (the "Foreign Representative"). The Motions were filed in response to discovery requests served by Pietre M & G Marble and Granite, LLC and its parent, Marmaro and...
MEMORANDUM OPINION AND ORDER DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT (ECF NO. 15) AND SETTING PRETRIAL CONFERENCE MINDY A. MORA , Bankruptcy Judge . THIS MATTER came before the Court on May 1, 2019, upon Plaintiff's Motion for Summary Judgment and Memorandum of Law (the " Summary Judgment Motion ") (ECF No. 15) filed by Cartagena Group, LTD (" Cartagena ") and Homecrete Homes Inc. (" Homecrete ", and together with Cartagena, " Plaintiffs "), the response (ECF No. 41) ("...
OMNIBUS ORDER (I) GRANTING MOTIONS TO DISMISS [ECF NOS. 15, 18, 19 AND 20] FILED BY DEFENDANTS FLAGLER BANK, ANCHOR COMMERCIAL BANK, NEXTGEAR CAPITAL, INC., AND NORTH FLORIDA MANGO CREDIT, LLC AND (II) CANCELLING PRETRIAL CONFERENCE MINDY A. MORA , Bankruptcy Judge . THIS MATTER came before the Court upon the Motions to Dismiss Complaint [ECF Nos. 15, 18, 19 and 20] (the "Motions") filed by each of Flagler Bank, Anchor Commercial Bank, NextGear Capital, Inc., and North Florida Mango...
MEMORANDUM OPINION ON FEE APPLICATIONS LAUREL M. ISICOFF , Bankruptcy Judge . This cause came before the Court for hearing on January 29, 2019 (the "Fee Application Hearing"), upon the following fee applications: (i) the Final Application for Allowance and Payment of Compensation and Reimbursement of Expenses to Oppenheim Pilelsky, P.A. as Special Counsel to the Debtor (ECF #187) (the "Oppenheim Fee Application"), (ii) the Summary of Final Fee Application of Special Counsel For Chapter...
MEMORANDUM OPINION AND ORDER TERMINATING STAY RELIEF Mindy A. Mora , Judge , United States Bankruptcy Court. THIS MATTER came before the Court for hearing on June 18, 2019 at 11:00 a.m. (the " Hearing ") on the Motion for Relief From Order Granting Motion for Relief From Stay (ECF No. 159) (the " Motion ") filed by the above-captioned debtor (" Debtor ") and Creditors [sic] Opposition to Motion for Relief from Order Granting Motion for Relief From Stay (ECF No. 164) (the " Response ")...
MEMORANDUM OPINION AND ORDER TERMINATING STAY RELIEF Mindy A. Mora , Judge United States Bankruptcy Court . THIS MATTER came before the Court for hearing on June 18, 2019 at 11:00 a.m. (the " Hearing ") on the Motion for Relief From Order Granting Motion for Relief From Stay (ECF No. 154) (the " Motion ") filed by the above-captioned debtor (" Debtor ") and Creditors [sic] Opposition to Motion for Relief from Order Granting Motion for Relief From Stay (ECF No. 160) (the " Response ")...
ORDER GRANTING IN PART AND DENYING IN PART SUMMARY OF FEE APPLICATION OF VAN HORN LAW GROUP, P.A. LAUREL M. ISICOFF , Chief Bankruptcy Judge . This matter came before the Court on August 15, 2019 on Summary of Fee Application of Van Horn Law Group, P.A. (ECF #100) (the "Application"). The Court has considered the Application, the argument of counsel for the U.S. Trustee, the argument of the Chapter 7 Trustee, as well as argument of Van Horn Law Group, P.A. (the "Applicant"). Having...
ORDER ON THIRD-PARTY PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ON COUNT II OF THE THIRD-PARTY COMPLAINT AND ON THE THIRD-PARTY DEFENDANTS' COUNTERCLAIM Erik P. Kimball , Judge . This matter came before the Court upon Vero Beach Country Club, Inc.'s Motion for Summary Judgment on Count II of Its Third-Party Complaint and on the Millses' Counterclaim [ECF No. 43] (the "Motion for Summary Judgment") and the Affidavit of Timothy Straley [ECF No. 46] (the "Affidavit") filed by Vero Beach...
