ORDER ON FEE APPLICATIONS OF TALARCHYK MERRILL, LLC [ECF 245], AND TALARCHYK NEWBURGH, LLC [ECF 265]; DIRECTING ACCOUNTING; AND SETTING EVIDENTIARY HEARING FOR JANUARY 30, 2015 John K. Olson , Judge United States Bankruptcy Court . This dismissed chapter 11 case came before the Court on June 5, 2014, on the "First" [sic] and Final Fee Application (the "Second Talarchyk Merrill Fee Application") [ECF 245] of Talarchyk Merrill, LLC ("Talarchyk Merrill"), and on October 30, 2014, on the First...
MEMORANDUM OPINION REGARDING MODIFICATION OF CHAPTER 13 PLANS Laurel M. Isicoff, Judge, United States Bankruptcy Court. The four cases to which this opinion applies 1 have required me to directly address a question that has been on the periphery of several of my prior rulings— is there a non-statutory threshold for seeking modification of a chapter 13 plan The resolution of this issue will provide a framework for the issues I must consider in these four cases. a) Is the chapter 7 test...
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS' MOTION TO DISMISS A. Jay Cristol, Judge, United States Bankruptcy Court. THIS MATTER came before the Court for hearing on October 6, 2014 at 11:00 a.m. in Miami, Florida upon Defendants' Motion to Dismiss [ECF No. 4] ("Motion to Dismiss"), Plaintiff's Response to Defendants' Motion to Dismiss [ECF No. 15] ("Plaintiffs' Initial Response"), Plaintiff's Supplemental Response to Defendants' Motion to Dismiss [ECF No. 32] ("Plaintiffs'...
Chapter 7 ORDER DENYING MOTION FOR REHEARING [ECF 302], WITHOUT PREJUDICE TO FURTHER MOTION SEEKING SIMILAR RELIEF John K. Olson, Judge, United States Bankruptcy Court. This case is before the Court to consider an undated letter [ECF 302] from Astrid Kaufmann, the spouse of Antonio Diaz. Ms. Kaufmann's letter was filed July 23, 2014, and arrived in chambers on July 24, 2014. Mr. Diaz is currently in the custody of the United States Marshal pursuant to the Order [ECF 299] (the "Civil...
Chapter 7 ORDER DETERMINING THAT THIS PROCEEDING IS A CORE MATTER IN ITS ENTIRETY AND THAT THIS COURT MAY ENTER FINAL ORDERS AND JUDGMENTS Erik P. Kimball, Judge This matter comes before the Court pursuant to 28 U.S.C. 157(b)(3) and the Defendants' Motion Requesting That This Court Determine Whether This Proceeding Is A Core Proceeding Or Otherwise Subject To The Entry Of Final Orders Or Judgments By This Court, And Objection To The Entry Of Final Orders Or Judgments By This Court [ECF...
Chapter 11 MEMORANDUM OPINION ON MOTION OF IBERIABANK [ECF No. 890] Erik P. Kimball, Judge, United States Bankruptcy Court Is an explicit general release in favor of the debtor's principal on behalf of all parties with claims against the debtor, contained in a plan of reorganization confirmed long ago and never appealed, binding on a creditor that had actual notice of the general release In light of Supreme Court precedent and the plain language of the plan in this case, it is. For the...
Chapter 13 ORDER IMPOSING SANCTIONS, PENALTIES, AND AN INJUNCTION AGAINST ANTONIO DIAZ, NICOLE DIAZ, SAVING HOMES, INC., AND BANKCREDIT MORTGAGE USA PURSUANT TO ORDER TO SHOW CAUSE [ECF 40] John K. Olson, United States Bankruptcy Judge THIS CASE came before the Court on November 14, 2013, upon the final evidentiary hearing on the Order to Show Cause ("OSC") [ECF 40] originally entered November 19, 2012, as modified. After hearing the representations and arguments of counsel for the Debtor,...
Chapter 11 Cases ORDER GRANTING IN PART DEBTOR'S AMENDED MOTION [ECF 9518] FOR SUMMARY JUDGMENT ON TOUSA'S OBJECTION TO CLAIM 7574 OF SUPERIOR HOMES AND INVESTMENTS, INC., AND SETTING STATUS CONFERENCE ON JANUARY 28, 2014 John K. Olson, Judge, United States Bankruptcy Court This matter came before the Court for hearing on the Debtor's Amended Motion [ECF 9518] for Summary Judgment on Objection to Claim 7574 of Superior Homes and Investments, Inc., (the "Motion for Summary Judgment"), filed...
Chapter 7 ORDER GRANTING MOTION, AS AMENDED, OF CHAPTER 7 TRUSTEE: TO APPROVE SETTLEMENT AND COMPROMISE OF CONTROVERSY WITH ELSA SUNG AND REQUEST FOR ENTRY OF A BAR ORDER [D.E. 101, 135] AND DENYING THE MOTION FOR RELIEF FROM STAY [D.E. 87] Raymond B. Ray, Judge, United States Bankruptcy Court. THIS MATTER came before the Court for evidentiary hearing on September 19, 2014, upon the Motion of Chapter 7 Trustee Sonya L. Salkin (the "Trustee"): (I) to Approve Settlement and Compromise of...
