Chapter 7 ORDER GRANTING PLAINTIFFS' MOTION TO STRIKE DEFENDANT'S DEMAND FOR JURY TRIAL Laurel M. Isicoff, Judge United States Bankruptcy Court This matter came before the Court on January 3 and 19, 2012, on the Defendant's Demand for Jury Trial (ECF # 469) and the Plaintiffs' Motion to Strike Jury Trial Demand (ECF # 492). For the reasons set forth below the Motion to Strike is granted and the Defendant's Demand for Jury Trial is stricken. 1 Procedural Background The acrimony between...
Confirmed Chapter 11 ORDER DENYING IN PART DENISON'S SECOND MOTIONS [ECF 719] TO VACATE WRIT OF BODILY ATTACHMENT AND CONTEMPT ORDER, SETTING FURTHER HEARING ON OCTOBER 8, 2013, AND DIRECTING THE UNITED STATES MARSHAL TO RELEASE CHRISTOPHER DENISON FROM CUSTODY John K. Olson, United States Bankruptcy Judge This case came before the Court on September 13, 2013, on the Second Emergency Motion to Vacate Writ of Bodily Attachment and Order Adjudging Christopher "Kit" Denison ("Denison") in...
Chapter 7 ORDER DENYING TIMOTHY REARDON'S MOTION AND AMENDED MOTION [ECF No.'s 736, 744] SEEKING PERMISSION TO SUE MARCUM LLP ET AL. IN DISTRICT COURT CASE NO. 12-20829-CIV-LENARD John K. Olson, Judge United States Bankruptcy Court This Chapter 7 case came on for hearing on August 21, 2013, on the Motion [ECF 736] and Amended Motion [ECF 744] filed by Timothy Patrick Reardon ("Reardon") seeking authority to sue Marcum LLP d/b/a MarcumRachlin ("Marcum") and its partner John L. Heller, CPA ("...
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER (I) CONFIRMING AMENDED JOINT PLAN OF LIQUIDATION OF TOUSA, INC. AND ITS AFFILIATED DEBTORS AND DEBTORS IN POSSESSION UNDER CHAPTER 11 OF THE BANKRUPTCY CODE (II) DISMISSING THE CHAPTER 11 CASE AGAINST TOUSA HOMES, L.P. AND (III) ESTABLISHING A BAR DATE FOR LEASE REJECTION CLAIMS JOHN K. OLSON, Bankruptcy Judge. The Debtors and the Official Committee of Unsecured Creditors of TOUSA, Inc., et al. (the " Committee " and, together with the Debtors,...
AMENDED ORDER DENYING DEFENDANT'S MOTION TO DISMISS AND EXTENDING NUNC PRO TUNC THE DEADLINE FOR THE TRUSTEE TO OBJECT TO THE DEBTOR'S DISCHARGE 1 LAUREL M. ISICOFF, Bankruptcy Judge. This matter came before the Court on November 14, 2012 upon the Defendant's Motion to Dismiss (ECF # 14), the Trustee's Response in Opposition to Defendant's Motion to Dismiss Complaint (ECF #20), and the Trustee's Supplemental Memorandum of Law in Support of Trustee's Response in Opposition to Defendant's...
Chapter 7 MEMORANDUM OPINION AND ORDER (1) DEEMING STATE COURT JUDGMENT VOID AND (2) GRANTING FURTHER RELIEF Robert A. Mark, Judge United States Bankruptcy Court The debtor in this Chapter 7 case failed to schedule a potentially valuable prepetition wrongful death lawsuit against several major tobacco companies. The defendants obtained a final summary judgment dismissing the complaint for lack of standing by arguing that the claim belonged to the bankruptcy estate. The contested matters...
AMENDED ORDER ON MOTIONS TO DISMISS 1 LAUREL M. ISICOFF, Bankruptcy Judge. This matter came before the Court on October 3, 2012 and February 27, 2013 2 on motions to dismiss filed by all of the defendants. 3 The Court has considered the Complaint, the motions to dismiss, the responses filed by the Plaintiffs, and the many replies. The Court has also considered the extensive and well-presented arguments of all counsel. For the reasons outlined below, the Complaint is dismissed, in some...
ORDER DENYING ALLEGED DEBTOR'S MOTION FOR SUMMARY JUDGMENT AND GRANTING SUMMARY JUDGMENT IN FAVOR OF PETITIONING CREDITORS A. JAY CRISTOL, Bankruptcy Judge. THIS MATTER came before the Court for a hearing on November 14, 2012, on Alleged Debtor Hossam Antar's ("Antar" or "Alleged Debtor") Motion to Dismiss Involuntary Case [DE 11], Motion to Strike Involuntary Petition or for Summary Judgment [DE 84], and Petitioning Creditor Aaron Young's ("Young") Response thereto [DE 96]. Alleged Debtor...
ORDER DENYING DEFENDANT'S MOTION FOR PROTECTIVE ORDER OR TO QUASH SUBPOENAS A. JAY CRISTOL, Bankruptcy Judge. The Court has before it the defendant Luis Hernandez-Abreu's motion, argued at hearing on November 27, 2012, for a Protective Order or to Quash Subpoenas. For the reasons that follow, defendant's motion is denied. BACKGROUND This is an adversary proceeding challenging defendant-debtor's attempt to discharge a malpractice judgment entered against him in State Court. Plaintiff who is...
MEMORANDUM OPINION ON DEFENDANTS' MOTIONS TO DISMISS LAUREL M. ISICOFF, Bankruptcy Judge. This matter came before me on July 11, 2012, on motions to dismiss the Second Amended Complaint filed by four of the named defendants. 1 The Plaintiff, the AASI Creditors Liquidating Trust by and through its Liquidating Trustee ("Plaintiff"), initiated this adversary proceeding on April 24, 2009 with its first Complaint, as amended (ECF #2) (the "First Amended Complaint"). I previously granted in part...
CHAPTER 11 ORDER GRANTING IN PART AND DENYING IN PART GECC'S MOTION TO DISMISS (ECF NO. 32) Paul G. Hyman, Chief Judge THIS MATTER came before the Court upon the Motion to Dismiss (the "Motion to Dismiss") (ECF No. 32) filed by General Electric Capital Corporation ("GECC"). The Motion to Dismiss seeks dismissal of the Amended Complaint (ECF No. 26) filed by Barry Mukamal (the "Plaintiff") in his capacity as Liquidating Trustee for the Palm Beach Finance Liquidating Trust and the...
Chapter 11 MEMORANDUM ORDER GRANTING, IN PART, MOTION TO ENFORCE CHARGING LIEN AGAINST THE SOCHET ENTITIES [D.E. 5141] Raymond B. Ray, Judge, United States Bankruptcy Court THIS MATTER came before the Court for an evidentiary hearing on September 27 and October 7, 2013, upon the Motion to Enforce Charging Lien Against the Sochet Entities [D.E.] (the "Motion to Enforce"), the Response [D.E. 5174], the Reply [D.E. 5180], and the Sur-Reply [D.E. 5247]. Conrad & Scherer, LLP ("C & S") and...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS PAUL G. HYMAN, JR., Bankruptcy Judge. THIS MATTER came before the Court upon the Motion to Dismiss (the "Motion to Dismiss") (ECF No. 72) filed by BMO Harris Bank N.A. as Successor by Merger to M & I Marshal[] & Ilsley Bank ("M & I" or "Defendant M & I") and Christopher Flynn ("Flynn" or "Defendant Flynn," and together with M & I, the "Defendants"). The Motion to Dismiss seeks dismissal of the Amended Complaint (...
