FINDINGS OF FACT AND CONCLUSIONS OF LAW Michael G. Williamson , United States Bankruptcy Judge . This case brings to mind the old adage, "If you can't beat 'em, join 'em." In 2015, the Sarasota Manatee Airport Authority, which operates the Bradenton-Sarasota International Airport, was confronted with the inevitability of Transportation Network Companies (or TNCs) such as Uber and Lyft operating at the Airport. Passengers were demanding access to TNCs. But TNCs were causing problems for...
FINDINGS OF FACT AND CONCLUSIONS OF LAW ROBERTA A. COLTON , Bankruptcy Judge . This adversary proceeding came before the Court upon the complaint filed by Plaintiff ROBERT ALTMAN (the "Trustee"), as Chapter 7 Trustee, which seeks to avoid a certain transfer made by Debtor ANTHONY VINCENT AIELLO ("Debtor") to Defendant VINCENT AIELLO (the "Father"). Upon a review of the submitted evidence and applicable law, the Court makes the following Findings of Fact and Conclusions of Law. BACKGROUND...
MEMORANDUM OPINION Roberta A. Colton , United States Bankruptcy Judge . The Chapter 7 Trustee seeks to deny Frank and Rosa LaPace ("Debtors") a Chapter 7 discharge because they did not disclose a pre-petition contract for the sale of their home and refused to turn over the proceeds of the post-petition sale of their home. This adversary proceeding was consolidated for trial with the Chapter 7 Trustee's objection to Debtors' Homestead Exemption. 1 On February 19, 2020, the Court...
MEMORANDUM, DECISION, AND FINDINGS OF FACT ROBERTA A. COLTON , Bankruptcy Judge . On December 19-20, 2019, the Court conducted a trial on Debtor, Leana Gomes' (the "Debtor") Motion to Determine Secured Status of Edwin Taylor Corporation and to Strip Lien With Request for Attorney Fees (Doc. 65); Motion to Determine Secured Status of Sole Law, PLLC and to Strip Lien With Request for Attorney Fees (Doc. 67); and Motion to Determine Secured Status of Branch Banking and Trust Company and to...
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND MEMORANDUM OPINION Caryl E. Delano , Chief United States Bankruptcy Judge . THIS PROCEEDING came before the Court for trial on December 17, 2019, of the Complaint to Determine Dischargeability of Debt and Objection to Debtor's Discharge 1 filed by Leon Avren ("Plaintiff"). Plaintiff seeks to except a debt from discharge under 11 U.S.C. 523(a)(2)(A), 523(a)(4), and 523(a)(6), and also seeks the denial of Debtor's discharge under 727(a)(4)...
MEMORANDUM, DECISION AND FINDINGS OF FACT Roberta A. Colton , United States Bankruptcy Judge . Plaintiff Creal Dallas, LLC ("Creal") sues Defendant-Debtor Asbel Viciedo ("Debtor") objecting to the dischargeability of a debt under 11 U.S.C. 523(a)(2)(A) and 523(a)(6). 1 After a full day trial on November 26, 2019, and the receipt of written closing arguments on December 20, 2019, the Court finds as follows: Jurisdiction Jurisdiction is proper under 28 U.S.C. 157 and 1334. This is...
FINDINGS OF FACT AND CONCLUSIONS OF LAW ON COUNTS 1 & 3-21 Michael G. Williamson , United States Bankruptcy Judge . Tom Leiter solicited $2.5 million in investments —$1.1 million of which came from the Plaintiffs—for a condominium project developed by Palm Avenue Partners. Leiter then arranged for Palm Avenue Partners, which he incorporated and managed, to use the $2.5 million in investments to pay a company he owned $1 million for serving as a straw man in the transaction to acquire the...
FINDINGS OF FACT AND CONCLUSIONS OF LAW Jerry A. Funk , United States Bankruptcy Judge . This case came before the Court for trial upon the Debtors' Amended Motion for Sanctions against Seterus Inc. 1 (the "Amended Motion for Sanctions"). (Doc. 61). The Court conducted a trial on the Amended Motion for Sanctions on June 10, 2019 and directed the parties to submit post-trial memoranda. Upon the evidence and applicable law, the Court makes the following Findings of Fact and Conclusions...
MEMORANDUM OPINION CYNTHIA C. JACKSON , Bankruptcy Judge . This proceeding came before the Court upon the Debtor's complaint to determine that her student loan debt is dischargeable under 11 U.S.C. 523(a)(8) because it would impose an undue hardship. The Court has considered the evidence and the arguments of the parties and for the reasons set forth below, the Court will grant judgment in favor of the United States Department of Education (the "Defendant"). Facts The Debtor is a...
FINDINGS OF FACT AND CONCLUSIONS OF LAW JERRY A. FUNK , Bankruptcy Judge . This case came before the Court for trial on November 15, 2018, and July 17, 2019. In lieu of oral argument, the Court directed the parties to submit memoranda in support of their respective positions. Upon the evidence and the applicable law, the Court makes the following Findings of Fact and Conclusions of Law. Findings of Fact On April 13, 2015, the Debtor filed a petition under Chapter 13 of the Bankruptcy...
ORDERED. MEMORANDUM OPINION KAREN S. JENNEMANN , Bankruptcy Judge . The primary issue is who breached a construction contract and what are the damages in this dispute between a general contractor, Plaintiff Kellogg & Kimsey, Inc. ("K&K"), and its plumbing subcontractor, the Debtor Progressive Plumbing, Inc. ("Progressive"). After a five day trial, 1 at least two failed attempts at mediation, reviewing hundreds of exhibits, and reading 19 deposition transcripts, I conclude that both K&...
ORDER AND MEMORANDUM OPINION DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION Michael G. Williamson , Chief United States Bankruptcy Judge . If what transpired here wasn't so unfortunate, this case would be a comedy of errors. Start with the fact that the Debtor's ex-husband and his lawyers didn't realize the Debtor was able to discharge her marital debt obligations in this chapter 13 case, leading the Debtor's ex-husband to violate the automatic stay by trying to set off $30,000 of the...
FINDINGS OF FACT AND CONCLUSIONS OF LAW JERRY A. FUNK , Bankruptcy Judge . This adversary proceeding came before the Court upon the complaint filed by Plaintiff-Debtors JONATHAN PUTNEY and JERI PUTNEY ("Debtors"), which seeks to determine the secured status of the claim held by Defendant-Creditor RHODES CAPITAL LLC ("Rhodes Capital") and to "strip off" Rhodes Capital's mortgage lien. Upon a review of the evidence and applicable law, the Court makes the following Findings of Fact and...
FINDING OF FACTS AND CONCLUSIONS OF LAW IN CONNECTION WITH THE UNITED STATES TRUSTEE'S MOTION FOR SANCTIONS AGAINST RAY C. HILL JERRY A. FUNK , Bankruptcy Judge . THIS CASE came before the court for evidentiary hearing on August 21, 2019 upon the United States Trustee's Motion for Examination of Fees Under 11 U.S.C. 329(b) and Sanctions Under Local Rule 2090-2 and the Court's Inherent Power (the "Motion for Sanctions;" Doc. No. 33) against bankruptcy attorney Ray C. Hill. At the...
MEMORANDUM OPINION GRANTING PLAINTIFF'S MOTION FOR DEFAULT FINAL JUDGMENT KAREN S. JENNEMANN , Bankruptcy Judge . This matter comes before the Court on the Plaintiff's Motion for Default Final Judgment and affidavit in support of Default Final Judgment (D.E. No. 9). A hearing was held on the Motion for Default June 18, 2019 (hereinafter, the "Hearing"). Appearing at the Hearing was Kevin P. Ackerman, Esq., attorney for the Plaintiff. No one appeared on behalf of the Defendant. This...
MEMORANDUM OPINION AND ORDER ON MOTION TO DISQUALIFY STEVEN M. BERMAN, ESQUIRE AND SHUMAKER, LOOP & KENDRICK, LLP AS COUNSEL TO THE CHAPTER 7 TRUSTEE NUNC PRO TUNC AND FOR DISGORGEMENT OF COMPENSATION Michael G. Williamson , Chief United States Bankruptcy Judge . THIS CASE came before the Court without a hearing to consider the Probate Estates' Motion to Disqualify Steven M. Berman, Esquire and Shumaker, Loop & Kendrick, LLP as Counsel to the Chapter 7 Trustee Nunc Pro Tunc and for...
MEMORANDUM OPINION AND ORDER ON REMAND FROM APPEAL OF ORDER GRANTING TRUSTEE'S VERIFIED MOTION TO APPROVE COMPROMISE OF CONTROVERSY WITH TROUTMAN SANDERS LLP MICHAEL G. WILLIAMSON , Chief Bankruptcy Judge . THIS CASE came before the Court without a hearing to consider the District Court's Order dated May 30, 2019. 1 In the Order, the District Court remanded the Trustee's Verified Motion to Approve Compromise of Controversy with Troutman Sanders LLP to this Court "to determine whether the...
MEMORANDUM OPINION AND ORDER ON EMERGENCY MOTION OF SEA FORCE IX, INC. FOR ADEQUATE PROTECTION Michael G. Williamson , Chief United States Bankruptcy Judge . THIS CASE came before the Court for hearing on June 12, 2019, to consider the Emergency Motion of Sea Force IX, Inc. ("Sea Force") for Adequate Protection. 1 Sea Force's Motion was filed in response to the Debtor's Emergency Motion for Turnover of Property of the Estate. 2 The Motions relate to certain boat molds that were owned by...
MEMORANDUM OPINION DISMISSING CASE, OVERRULING DEBTOR'S OBJECTION TO U.S. BANK'S CLAIM 6-1, GRANTING STAY RELIEF AND ENTERING FINAL JUDGMENT IN ADVERSARY PROCEEDING 17-68 KAREN S. JENNEMANN , Bankruptcy Judge . Debtor Julie Zalloum, helped by her husband, a related trust, 1 and perhaps an attorney who ghost writes their pleadings, has made a mockery of judicial system for years by taking actions calculated to (and, in fact, have) frustrated the claims of legitimate secured creditors who...
FINDINGS OF FACT AND CONCLUSIONS OF LAW JERRY A. FUNK , Bankruptcy Judge . This case came before the Court upon the following motions filed by Harvey Schonbrun, Trustee ("Schonbrun"): 1) Motion to Dismiss Case as a Bad Faith Filing (Doc. 10); 2) Verified Motion for Relief from the Automatic stay to Survive any Future Bankruptcy Filings (Doc. 11); and 3) Verified Motion for Relief from the Co-Debtor Stay (Doc. 12). The Court conducted a trial on the Motions on June 4, 2019 and elected to...
