ORDER GRANTING DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT LAUREL M. ISICOFF , Bankruptcy Judge . This matter came on for hearing before the Court on September 17, 2018 on Defendant Jorge Hane's (the "Defendant") Motion for Partial Summary Judgment (ECF #54) (the "Summary Judgment Motion") as to Count I of the Amended Complaint for Determination of Dischargeability and Objecting to Debtor's Discharge Pursuant to Sections 523 and 727 of the Bankruptcy Code (ECF #32) (the "Amended...
ORDER OVERRULING OBJECTION TO CLAIM Robert A. Mark , Judge , United States Bankruptcy Court. If a secured creditor files a proof of claim in a chapter 13 case that reserves the right to amend to seek a deficiency if the collateral is liquidated, should the Court allow the amended claim for an unsecured deficiency even if the amended claim is filed after confirmation While recognizing that this type of post-confirmation amended claim should not always be allowed, the Court finds that in...
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON ADVERSARY COMPLAINT A. JAY CRISTOL , Bankruptcy Judge . THIS CAUSE came before the Court for trial on August 30, 2018 upon Plaintiff, Chapter 7 Trustee, Maria Yip's Complaint asserting five claims against Defendant Wilton Perez: (1) Fraudulent Transfer pursuant to 11 U.S.C. 548(a)(1)(A); (2) Fraudulent Transfer pursuant to 11 U.S.C. 548(a)(1)(B); (3) Fraudulent Transfer pursuant to 11 U.S.C. 544 and Fla. Stat. 726.105; (4) Fraudulent...
OMNIBUS ORDER AFTER REMAND ON PLAINTIFF'S REQUEST FOR LEAVE TO FILE AMENDED COMPLAINTS Erik P. Kimball , Judge , United States Bankruptcy Court. Robert C. Furr, as trustee (the "Trustee" or "Plaintiff") in the substantively consolidated chapter 7 cases of Rollaguard Security, LLC ("Rollaguard"), Shamrock Jewelers, Inc. ("Shamrock Jewelers"), and Shamrock Jewelers Loan & Guarantee, LLC, commenced these three adversary proceedings by complaints filed on December 29, 2016. The Trustee...
ORDER GRANTING JOEL L. TABAS, TRUSTEE'S AGREED EX PARTE MOTION TO ENLARGE TIME TO FILE COMPLAINT OBJECTING TO DEBTOR'S DISCHARGE LAUREL M. ISICOFF , Bankruptcy Judge . THIS CAUSE having come before the Court upon Joel L. Tabas, Trustee's Agreed Ex Parte Motion to Enlarge Time to File Complaint Objecting to Debtor's Discharge (the "Motion") [ECF 22], and the Court, having reviewed the Motion, having noted the agreement of the parties, and based on the record, it is ORDERED as...
REPORT AND RECOMMENDATION TO GRANT ATN'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON COUNT I (Flaster may not use the mere conduit defense as an initial transferee.) KAREN S. JENNEMANN , Bankruptcy Judge . Plaintiff, Advanced Telecommunication Network, Inc. ("ATN"), requests 1 partial summary judgment 2 on Count I of its Second Amended Complaint 3 that seeks recovery of a $6 million transfer under 550 of the Bankruptcy Code. 4 The Eleventh Circuit Court of Appeals already has avoided...
AMENDED 1 MEMORANDUM OPINION AND ORDER GRANTING MOTION TO DISMISS Robert A. Mark , Judge United States Bankruptcy Court . Section 523(a)(4) of the Bankruptcy Code excepts from discharge a debt "for fraud or defalcation while acting in a fiduciary capacity." The Code does not define fiduciary capacity, and the only clear consensus among courts interpreting 523(a)(4) is that acting in a fiduciary capacity means something more than simply having fiduciary duties. The Defendants...
MEMORANDUM OPINION AND ORDER GRANTING MOTION TO DISMISS ROBERT A. MARK , Bankruptcy Judge . Section 523(a)(4) of the Bankruptcy Code excepts from discharge a debt "for fraud or defalcation while acting in a fiduciary capacity." The Code does not define fiduciary capacity, and the only clear consensus among courts interpreting 523(a)(4) is that acting in a fiduciary capacity means something more than simply having fiduciary duties. The Defendants are produce dealers with fiduciary...
ORDER DENYING MOTION TO RECONSIDER ROBERT A. MARK , Bankruptcy Judge . Before the Court is KIPU Systems, LLC's Motion to Reconsider (A) Order Denying Without Prejudice Trustee's Motion to Compel Further Production from ZenCharts and (B) Order Granting, in Part, ZenCharts, LLC and Sean Callahan's Motion for Protective Order and Motion to Quash (the "Motion to Reconsider") [DE# 146]. The Motion to Reconsider seeks reconsideration of this Court's Order Granting, in Part, ZenCharts, LLC and...
ORDER GRANTING MOTION FOR REMAND [ECF 21] John K. Olson , Judge United States Bankruptcy Court . THIS ADVERSARY PROCEEDING came before the Court for hearing on May 10, 2018, upon Plaintiff Steven Mariano's (the "Plaintiff") Motion to Remand or Alternatively for Mandatory or Permissive Abstention and Incorporated Memorandum of Law (the "Motion to Remand") [ECF 21]. On November 20, 2017, the Plaintiff filed a Complaint in the Circuit Court of the 17th Judicial Circuit in and for Broward...
ORDER OVERRULING CHAPTER 7 TRUSTEE'S OBJECTION TO CLAIM OF EXEMPTION IN NATIONAL FOOTBALL LEAGUE PLAYER'S CONCUSSION INJURY LITIGATION SETTLEMENT [ECF 204] John K. Olson , Judge . THIS CASE came before the Court for a hearing on April 4, 2018, upon Trustee's Objection to Claim of Exemption in National Football League Player's Concussion Injury Litigation Settlement (the "Disputed Exemption") [ECF 204]. After hearing argument from both parties, and because this appears to be an issue of...
FINAL ORDER ON REMAND RAYMOND B. RAY , Bankruptcy Judge . THIS MATTER came before the Court for an eleven-day trial, which concluded on October 26, 2017, 1 upon the remaining counts in Mr. Joseph G. Wortley's Complaint [D.E. 1, Adv. Proc.], Defendants' affirmative defenses to the Complaint, and the Motion to Dismiss Case for Bad Faith Based on New and Additional Evidence of Conspiracy and Misrepresentations [D.E. 128, Main] (the "Second Motion to Dismiss"), and the Mandate of the United...
ORDER DENYING JUDGMENT CREDITOR'S MOTION FOR RELIEF FROM STAY AND DETERMINING CREDITOR HAS A LIEN ON DEBTOR'S PROPERTY LAUREL M. ISICOFF , Bankruptcy Judge . This matter came before the Court upon the Motion for Relief from Stay filed by F.A. Management Solutions, Inc. (ECF #11) (the "Motion for Relief"). The Court has reviewed the Motion for Relief, the Objections filed by the Debtor, Rita Alonso (ECF ##14, 51), the Response in Opposition (ECF #26) filed by the Chapter 7 Trustee, Marcia...
ORDER AWARDING FEES AND EXPENSES AND DETERMINING ALLOCATION TO WEED PROPERTY ROBERT A. MARK , Bankruptcy Judge . The Court conducted a hearing on January 10, 2018, on the following fee applications (the "Fee Applications"): A. Summary of First and Final Application for Compensation of KapilaMukamal, LLP (the "KapilaMukamal Application") [DE# 449]; B. Summary of Final Application of Counsel for Trustee (the "Meyer Application") [DE# 450]; and C. Summary of First and Final Fee...
ORDER DENYING PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT FINAL JUDGMENT ERIK P. KIMBALL , Bankruptcy Judge . In this adversary proceeding, plaintiff BCML Holding, LLC, the debtor-in-possession in this chapter 11 case, seeks a ruling that the secured claim held by the defendant U.S. Bank National Association should not include amounts due under a promissory note that accrued more than five years prior to the filing of this bankruptcy case. Specifically, the plaintiff seeks an order allowing...
MEMORANDUM OPINION ERIK P. KIMBALL , Bankruptcy Judge . On October 27, 2017, October 31, 2017, and November 28, 2017, the Court held a trial in this adversary proceeding and a concurrent evidentiary hearing 1 on objections to claim number 4-3 [ECF Nos. 146, 408 and 626]. After trial, the Court directed the parties to file post-trial briefs in the form of proposed findings of fact with citations to evidence admitted at trial. ECF Nos. 872 and 264 (adversary). Both parties filed post-...
MEMORANDUM OPINION ON ORDER GRANTING MOTION TO VALUE LAUREL M. ISICOFF , Chief Bankruptcy Judge . This matter came before me on Motion of the Debtor, Louse Henig Muoio (the "Debtor") to Value and Determine Secured Status of Lien on Real Property held by Carmel at the California Club Property Owners Association, Inc. (ECF # 15) (the "Motion to Value") seeking to strip off the lien of the referenced association encumbering the Debtor's homestead located in Miami-Dade County (the "Property")....
AMENDED 1 MEMORANDUM OPINION AND ORDER FINDING THE INTERNAL REVENUE SERVICE VIOLATED THE DISCHARGE INJUNCTION AND DIRECTING DEBTORS TO PURSUE ADMINISTRATIVE REMEDIES IN ORDER TO SEEK AN AWARD OF ATTORNEY FEES AND COSTS FROM THE INTERNAL REVENUE SERVICE LAUREL M. ISICOFF , Chief Bankruptcy Judge . These cases present the latest entry in an ongoing debate — if a former debtor seeks damages or attorney fees and costs from the Internal Revenue Service (the "IRS") for violations of the...
MEMORANDUM OPINION AND ORDER FINDING THE INTERNAL REVENUE SERVICE VIOLATED THE DISCHARGE INJUNCTION AND DIRECTING DEBTORS TO PURSUE ADMINISTRATIVE REMEDIES IN ORDER TO SEEK AN AWARD OF ATTORNEY FEES AND COSTS FROM THE INTERNAL REVENUE SERVICE LAUREL M. ISICOFF , Bankruptcy Judge . These cases present the latest entry in an ongoing debate — if a former debtor seeks damages or attorney fees and costs from the Internal Revenue Service (the "IRS") for violations of the discharge injunction,...
ORDER (1) VACATING ORDER DEEMING DEBTOR CURRENT; AND (2) DETERMINING SCOPE OF PRECLUSIVE EFFECT OF PLAN Robert A. Mark , Judge United States Bankruptcy Court . The Debtor in this chapter 13 case has completed plan payments under a 60-month plan. The plan provides for a cure of prepetition debt owed to her condominium association and for regular monthly payments of her association fees. The questions addressed in this Order arise from an order deeming the debtor current on all obligations...
