MEMORANDUM OPINION AND ORDER DENYING CREDITOR BGVM FINANCE III, LLC'S MOTION TO DISMISS (DOC. 35) AND CONDITIONALLY DENYING CREDITOR BGVM FINANCE III, LLC'S MOTION FOR RELIEF FROM STAY (DOC. 36) JERRY C. OLDSHUE, JR. , U.S. BANKRUPTCY JUDGE . This matter came before the Court for a hearing on June 28, 2019, on Creditor BGVM Finance III, LLC's Motion to Dismiss and Motion for Relief from Stay (collectively "the Motions") (Docs. 35, 36) and Debtor's Response in Opposition thereto. (Docs. 45,...
MEMORANDUM OPINION DENYING MOTION FOR APPROVAL OF MEDIATION SETTLEMENT (DOC. 339) JERRY C. OLDSHUE, JR. , U.S. BANKRUPTCY JUDGE . THIS MATTER came before the Court on the Debtors' Motion for Approval of Mediation Settlement ("Motion," Doc. 339), filed on February 13, 2018. 1 The Motion, Objecting Creditors' Responses, and SEPH's Responses came on for hearing initially on May 18, 2018. The final hearing was held on December 14, 2018, at which time the Court took the matter under...
MEMORANDUM OPINION IN SUPPORT OF ORDERS (1) OVERRULING OBJECTIONS OF EMPOWER SYSTEMS H.I.S., LLC TO THE AMENDED JOINT DISCLOSURE STATEMENT AND TO THE SECOND AMENDED JOINT CHAPTER 11 PLAN, AND (2) DENYING EMPOWER SYSTEMS H.I.S.' RENEWED MOTION TO DISMISS (DOCS. 831 and 832). KAREN K. SPECIE , Chief U. S. Bankruptcy Judge . This case is before the Court upon Empower H.I.S.' ("Empower") Objection to Second Amended Joint Disclosure Statement in Connection with Chapter 11 Plan of...
MEMORANDUM OPINION ON ORDER DENYING MOTION TO DISQUALIFY BROAD AND CASSEL AND FRANK TERZO, ESQ. AS COUNSEL OF THE UNSECURED CREDITORS' COMMITTEE (DOCS. 400, 517) KAREN K. SPECIE , Bankruptcy Judge . On March 2, 2018, the Court entered its Order Denying Motion to Disqualify Broad and Cassel and Frank Terzo, Esq. as Counsel of the Unsecured Creditors' Committee (the "Order," Doc. 517). As set forth in the Order, the Court issues this Memorandum Opinion. 1 BACKGROUND The Debtor...
OPINION HENRY A. CALLAWAY , Bankruptcy Judge . This adversary proceeding is before the Court on the defendant debtor's motion (doc. 41) to dismiss the amended complaint seeking exception from discharge. The plaintiff obtained substantial state court judgments against debtor and alleges that the debtor then undertook a variety of transfers and other actions to avoid collection. The legal issue is whether the debtor's alleged fraudulent transfers and other actions taken after the judgments...
MEMORANDUM OPINION IN SUPPORT OF ORDER (1) GRANTING THOMAS AND ADELE DAAKE'S MOTION FOR SUMMARY JUDGMENT ON OBJECTION TO AMENDED CLAIM OF 331 PARTNERS, LLC (CLAIM # 48-2) (Doc. 670), (2) DENYING MOTION OF 331 PARTNERS, LLC FOR SUMMARY JUDGMENT ON AMENDED CLAIM (Doc. 669), AND (3) SUSTAINING DAAKES' OBJECTION TO AMENDED CLAIM OF 331 PARTNERS, LLC (Claim # 48-2) (DOC. 394) KAREN K. SPECIE , Bankruptcy Judge . THIS MATTER is before the Court on competing motions for summary...
MEMORANDUM OPINION ON OBJECTION TO CLAIM OF 331 PARTNERS, LLC (Claim #48-1) (DOC. 201) KAREN K. SPECIE , Bankruptcy Judge . This case came before the Court for an evidentiary hearing on July 20, 2016, upon the Objection to Claim of 331 Partners, LLC (the "Objection," Doc. 201) filed by Thomas and Adele Daake (the "Daakes"). The Objection is based on a series of documents that originated with a promissory note that was non-recourse as to the Debtor unless the Debtor became a debtor in...
MEMORANDUM OPINION GRANTING DEBTOR'S MOTION FOR TURNOVER OF PROPERTY OF THE ESTATE KAREN S. JENNEMANN , Chief United States Bankruptcy Judge . In 2009, Partner's Healthcare Development International, LLC ("Partner's Healthcare") signed a Letter of Intent (the "LOI") 1 and paid a $50,000 deposit to Tampa Title Company ("Tampa Title") in an attempt to purchase assets of the Debtor, Cypress Health Systems Florida, Inc. The sale never closed, and Tampa Title is still holding the monies....
CHAPTER: 11 ORDER GRANTING MOTION TO DISMISS ADVERSARY PROCEEDING (DOC. 9) KAREN K. SPECIE , United States Bankruptcy Judge . THIS MATTER is before the Court on the Motion to Dismiss Adversary Proceeding and Incorporated Memorandum of Law (the "Motion," Doc. 9), filed by the Defendant, Deutsche Bank National Trust Co., as trustee for Harborview Mortgage Loan Pass Through Certificates, Series 2006-9 ("Defendant" or "Deutsche Bank"), and Plaintiffs' Objection to Defendant's Motion to...
MEMORANDUM OPINION GRANTING TRUSTEE'S MOTION TO COMPEL DISCLOSURE (DOC. 163) AND MOTION FOR DETERMINATION OF CAUSE OF ACTION AS AN ASSET OF THE ESTATE (DOC. 164) KAREN K. SPECIE, Bankruptcy Judge. The Chapter 7 Trustee and the largest unsecured creditor, Thomas and Adele Daake (the "Daakes") are fighting over which of them can pursue and collect on claims against third parties. The Daakes, who have been trying to collect a $5-$6 million claim against the Debtor for years, recently filed a...
ORDER ON COMPLAINT WILLIAM S. SHULMAN, Bankruptcy Judge. This matter is before the Court on Vision Bank's complaint to determine the dischargeability of a debt pursuant to 523(a)(2)(A), (a)(4) and (a)(6). The Court has jurisdiction to hear this matter pursuant to 28 U.S.C. 157 and 1334 and the Order of Reference of the District Court. At the close of the Plaintiff's evidence, the Defendant moved for a directed verdict on all counts of the complaint. The Court granted the Defendant's...
ORDER ON INTERNAL REVENUE SERVICE'S MOTION TO DISMISS THE INTERPLEADER LEWIS M. KILLIAN, JR., Bankruptcy Judge. THIS MATTER came before the Court on Defendant Internal Revenue Service's Motion to Dismiss the interpleader brought by the Sterling Mets, L.P. (the "Mets"). The Mets have named the Internal Revenue Service as a party in the interpleader, asserting that its sovereign immunity is waived pursuant to 28 U.S.C. 2410(a)(5). After the hearing on December 13, 2011, additional briefs...
ORDER ON DEFENDANTS' MOTION TO DISMISS LEWIS M. KILLIAN, JR., Bankruptcy Judge. THIS MATTER came before the Court for hearing, on September 2, 2011, to consider Defendants LPS Default Solutions, Inc., Lender Processing Services, Inc.'s ("LPS Defendants") and Ben-Ezra & Katz, P.A.'s Motions to Dismiss Plaintiff Susan Marie Harris's Adversary Complaint (Docs. 10, 15) and the Motions to Dismiss Plaintiffs David Wayne and Elizabeth Ann Heckler's Adversary Complaint filed by the LPS Defendants...
ORDER DENYING WORLD OMNI LT'S MOTION FOR REHEARING AND TO RECONSIDER ORDER APPROVING MODIFICATION OF DEBTOR'S 2ND AMENDED CHAPTER 13 PLAN LEWIS M. KILLIAN, JR., Bankruptcy Judge. THIS MATTER is before the Court on Motion for Rehearing and to Reconsider Order Approving Modification of the Debtor's Second Amended Chapter 13 Plan ("Motion") filed by VT Inc. ("VT") as the Trustee of World Omni LT ("World Omni"). The Motion seeks a determination that the Federal Rules of Bankruptcy Procedure...
458 B.R. 591 (2011) In re Susan Marie HARRIS, Debtor. Susan Marie Harris, Plaintiff, v. Ben-Ezra & Katz, P.A., LPS Default Solutions, Inc. & Lender Processing Services, Inc., Defendants. Bankruptcy No. 08-30376-LMK. Adversary No. 11-03021-LMK. United States Bankruptcy Court, N.D. Florida, Pensacola Division. October 3, 2011. *593 Martin S. Lewis, Lewis & Jurnovoy, P.A., Pensacola, FL, Nicholas Heath Wooten, Wooten, Hood & Lay, LLC, Auburn, AL, Peter J. Mougey, Levin, Papantonio, Thomas,...
456 B.R. 541 (2011) In re PRESTIGE MOTORCAR GALLERY, INC., Debtor. No. 11-40011-LMK. United States Bankruptcy Court, N.D. Florida, Tallahassee Division. September 13, 2011. *542 Thomas B. Woodward, Thomas B. Woodward, Atty., Tallahassee, FL, for Debtor. ORDER DENYING MOTION TO ASSUME AND ASSIGN UNEXPIRED LEASE LEWIS M. KILLIAN, JR., Bankruptcy Judge. THIS MATTER came before the Court for hearing on August 19, 2011, on the Chapter 11 Trustee for Prestige Motorcar Gallery, Inc.'s Motion for...
460 B.R. 911 (2011) In re Hoyt Willard COOK, Jr., & Glenda Ann Cook, Debtors. No. 11-50287-LMK. United States Bankruptcy Court, N.D. Florida, Panama City Division. December 7, 2011. *912 Martin S. Lewis, Esq., Lewis & Jurnovoy, P.A., Pensacola, FL, for Debtors. Mary W. Colon, Esq., Tallahassee, FL, Trustee. ORDER ON OBJECTIONS TO DEBTORS' CLAIM OF HOMESTEAD EXEMPTION LEWIS M. KILLIAN, JR., Bankruptcy Judge. THIS MATTER came before the Court on the Objections to the Debtors' Claim of Homestead...
456 B.R. 89 (2011) In re Susan Marie HARRIS, Debtor. Susan Marie Harris, Plaintiff, v. Ben-Ezra & Katz, P.A., LPS Default Solutions, Inc. & Lender Processing Services, Inc., Defendants. Bankruptcy No. 08-30376-LMK. Adversary No. 11-03021-LMK. United States Bankruptcy Court, N.D. Florida, Pensacola Division. October 3, 2011. Sharon T. Sperling, Esq., Gainesville, FL, for Debtor. Tripp Scott, PA, Ft. Lauderdale, FL, for VT Inc. Leigh D. Hart, Esq., Tallahassee, FL, for Trustee. ORDER GRANTING...
454 B.R. 204 (2011) In re Hoyt Willard COOK, Jr., & Glenda Ann Cook, Debtors. No. 11-50287-LMK. United States Bankruptcy Court, N.D. Florida, Panama City Division. August 8, 2011. *205 Martin S. Lewis, Steven D. Jurnovoy, Lewis & Jurnovoy, P.A., Pensacola, FL, for Debtors. ORDER GRANTING TRUSTEE'S MOTION FOR TURNOVER AND DENYING CREDITOR CENTENNIAL BANK'S MOTION TO PROHIBIT USE OF CASH COLLATERAL AS MOOT LEWIS M. KILLIAN, JR., Bankruptcy Judge. Introduction THIS MATTER came before the Court for...
449 B.R. 580 (2011) In re Steven Edward FLING, Debtor. No. 10-40454-LMK. United States Bankruptcy Court, N.D. Florida, Tallahassee Division. May 26, 2011. *581 Ronald A. Mowrey, Esq., Mowrey Law Firm, P.A., Tallahassee, FL, for Capital City Bank. Ethan A. Way, Esq., Way Law Firm, P.A., Tallahassee, FL, for Debtor. Mary Colon, Esq., Tallahassee, FL, Trustee. ORDER OVERRULING CAPITAL CITY BANK'S OBJECTION TO DEBTOR'S CLAIM OF HOMESTEAD EXEMPTION LEWIS M. KILLIAN, JR., Bankruptcy Judge. THIS...
