ORDER TO SHOW CAUSE AND SETTING HEARING JOHN K. OLSON, Bankruptcy Judge. This five-year-old chapter 7 case is before me on the Debtor's motion to reopen the case to add an omitted creditor and to permit the Debtor to file an adversary proceeding against that alleged creditor, Direct Loans, seeking discharge of debt owed to that creditor. This procedure is permitted by Federal Rule of Bankruptcy Procedure 5010 and by Local Rule 5010-1(B), and such motions may be considered without a hearing...
ORDER GRANTING IN PART AND DENYING IN PART CROSS MOTIONS FOR SUMMARY JUDGMENT LAUREL M. ISICOFF, Bankruptcy Judge. This matter came before the Court on cross-motions for summary judgment filed by the Plaintiff, the Official Committee of Unsecured Creditors of BankUnited Financial Corporation ("Committee or Plaintiff") (DE # 14) and by the Federal Deposit Insurance Corporation as Receiver for BankUnited, FSB ("FDICR or Defendant") (DE # 12). The issue in this case is who owns the causes of...
MEMORANDUM ORDER DENYING MOTION TO DISMISS BY UNITED STATES OF AMERICA PAUL G. HYMAN, Chief Judge. THIS MATTER came before the Court for hearing on September 24, 2010, upon the United States of America's (the "Defendant" or the "IRS") Motion to Dismiss (the "Motion"), and Deborah C. Menotte's (the "Trustee") response thereto. For the reasons set forth below, the Court herewith denies the Motion. BACKGROUND Custom Contractors, LLC (the "Debtor") filed a Chapter 7 petition on July 15, 2009...
MEMORANDUM ORDER GRANTING DEBTOR'S MOTION FOR SUMMARY JUDGMENT IN PART, AND DENYING THE TRUSTEE'S CROSS-MOTION FOR SUMMARY JUDGMENT PAUL G. HYMAN, Chief Bankruptcy Judge THIS MATTER came before the Court on September 15, 2010, upon Michael Aranda (the "Debtor") and Tonya Aranda's ("Mrs. Aranda") (collectively, the "Arandas") Motion for Summary Judgment Concerning Objections to Exemption (the "Arandas' Motion"), and the Response and Cross-Motion for Summary Judgment (the "Cross-Motion")...
AMENDED ORDER DENYING MOTIONS TO DISMISS ERIK P. KIMBALL, Bankruptcy Judge. THIS MATTER came before the Court upon the Defendant CCIP Orlando, Ltd., LLC's Motion to Dismiss or, in the Alternative, Motion for Permissive Abstention [DE 11] (the "CCIP Motion") filed by CCIP Orlando, Ltd., LLC ("CCIP") and the Defendants, Kyle H. Kelley and Kelley Goldberg Leach & Cohn, P.L.'s Motion to Dismiss Adversary Proceeding or in the Alternative for Abstention and Incorporated Memorandum of Law [DE...
AMENDED 1 ORDER DENYING MOTIONS TO RECUSE JUDGE JOHN K. OLSON, Bankruptcy Judge. On August 24, 2010, the Defendants in these adversaries filed motions seeking my recusal. 2 The motions claim that these proceedings are tainted because my fianc works for Ruden McClosky, the firm which represents the Plaintiff and Chapter 7 Trustee. An expedited hearing was conducted on August 26, 2010 at 1:30 p.m., and movants' counsel argued that I should henceforth recuse myself from any proceeding...
ORDER GRANTING DEFENDANT, WACHOVIA BANK, N.A.'S MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF, RICH CAPITOL, LLC [DE 54] ERIK P. KIMBALL, Bankruptcy Judge. In its Verified Complaint for Equitable Subordination (the "Complaint") [DE 1], Plaintiff, Rich Capitol, LLC (the "Debtor") seeks judgment against Wachovia Bank, N.A. ("Wachovia") pursuant to 11 U.S.C. 510(c), equitably subordinating Wachovia's claims to the claims of general unsecured creditors and to equity interests in the Debtor....
436 B.R. 224 (2010) In re RICH CAPITOL, LLC d/b/a Capital Walk Apartments, Debtor. Rich Capitol, LLC d/b/a Capital Walk Apartments, Plaintiff, v. Wachovia Bank, N.A., Defendant. Bankruptcy No. 09-25422-EPK. Adversary No. 09-01965-EPK. United States Bankruptcy Court, S.D. Florida, West Palm Beach Division. September 15, 2010. *226 Heather L. Harmon, Esq., Miami, FL, for Plaintiff. Heather L. Ries, Esq., Michael R. Bakst, Esq., West Palm Beach, FL, for Defendant. ORDER GRANTING DEFENDANT,...
425 B.R. 684 (2010) In re MAISON GRANDE CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit corporation, Debtor. No. 09-21589-LMI. United States Bankruptcy Court, S.D. Florida, Miami Division. January 13, 2010. *686 David N. Stern, Michael S. Hoffman, Scott A. Underwood, Esq., Thomas M. Messana, Esq., Fort Lauderdale, FL, for Debtor. ORDER GRANTING DEBTOR'S MOTION TO REJECT UNEXPIRED LEASE LAUREL M. ISICOFF, Bankruptcy Judge. This cause came before me at an evidentiary hearing conducted on...
426 B.R. 916 (2010) In re PSN USA, INC., Debtor, Nob Holdings Corp., in its own name and in the name of the United States of America, Plaintiffs, v. Liberty Mutual Insurance Company, as the surety of the PSN Liquidating Trustee, Dan Fair, Defendant. Bankruptcy No. 02-11913-BKC-AJC. Adversary No. 09-02189-AJC. United States Bankruptcy Court, S.D. Florida. Miami Division. March 19, 2010. *918 Edward Griffith, Esq., New York, NY, for Plaintiffs. Bruce C. King, Niall T. McLachlan, Esq., Miami, FL,...
439 B.R. 227 (2010) In re Evelyn ESTRADA, Debtor. No. 09-31081-BKC-RAM. United States Bankruptcy Court, S.D. Florida. August 31, 2010. *228 Patricia A. Redmond, Miami, FL, for Debtor. Edward J. O'Sheehan, Shutts & Bowen, Ft. Lauderdale, FL, for National City Mortgage. ORDER FINDING STAY VIOLATION BUT DENYING DEBTOR'S MOTION FOR CONTEMPT ROBERT A. MARK, Bankruptcy Judge. The Court conducted hearings on January 19, 2010, and May 27, 2010, on the Chapter 7 debtor, Evelyn Estrada's ("Debtor's")...
441 B.R. 713 (2010) In re BRITISH AMERICAN ISLE OF VENICE (BVI), LTD., Debtor in a Foreign Proceeding. No. 10-21627-EPK. United States Bankruptcy Court, S.D. Florida, West Palm Beach Division. December 23, 2010. *716 Leyza F. Blanco, Miami, FL, for Debtor. ORDER RECOGNIZING FOREIGN MAIN PROCEEDING ERIK P. KIMBALL, Bankruptcy Judge. Before the court is the Verified Petition for Recognition of Foreign Main Proceeding (DE 2, and with the Petition on Official Form 1 filed at DE 1, the "Petition")...
423 B.R. 568 (2010) In re Nadeen S. HARDING, Debtor. No. 09-25447-BKC-JKO. United States Bankruptcy Court, S.D. Florida, Fort Lauderdale Division. February 8, 2010. *570 Jeffrey Solomon, Esq., Hollywood, FL, for Debtor. ORDER: (1) Denying Debtor's Amended Motion to Separately Classify Student Loan [DE 46]; and (2) Enjoining Student Loan Creditor from Charging Late Fees, Penalties, or Collection Fees Resulting from Pro Rata Chapter 13 Plan Distributions Being Less Than Minimum Monthly Payments...
435 B.R. 738 (2010) In re DV8, INC., Debtor. No. 08-19123-BKC-RBR. United States Bankruptcy Court, S.D. Florida, Ft. Lauderdale Division. August 24, 2010. *739 Eric N. Assouline, Esq., Assouline & Berlowe, P.A., for Lynn Bernard. Leslie S. Osborne, Esq., Rappaport Osborne Rappaport, PL, for Movants Gregg Bernard and Marilyn Bernard. Michael R. Bakst, Esq., Ruden McCloskey, et al., for Successor Trustee, Joel L. Tabas. ORDER ON GREGG BERNARD AND MARILYN BERNARD'S MOTION TO DEEM LATE FILED CLAIMS...
439 B.R. 544 (2010) In re CUSTOM CONTRACTORS, LLC, Debtor. Deborah C. Menotte, Trustee, Plaintiff, v. United States of America, Defendant. Bankruptcy No. 09-24404-BKC-PGH. Adversary No. 10-03455-PGH. United States Bankruptcy Court, S.D. Florida, West Palm Beach Division. October 5, 2010. *545 Custom Contractors, LLC, Fort Pierce, FL, pro se. G. Steven Fender, Michael R. Bakst, Esq., Ruden McClosky P.A., West Palm Beach, FL, for Plaintiff. Philip Doyle, Esq., Washington, DC, for Defendant....
441 B.R. 158 (2010) In re ROYAL WEST PROPERTIES, INC., Debtor. No. 09-20334-BKC-RAM. United States Bankruptcy Court, S.D. Florida. December 29, 2010. *160 Harold D. Moorefield, Jr., Esq., Stearns Weaver Miller Weissler, Alhadeff & Sitterson, P.A., Miami, FL, for Trustee. Phillip M. Hudson, III, Esq., Arnstein & Lehr, LLP, Miami, FL, for Alicia and Manuel Rodriguez & RBI-2120 Real Estate, Inc. David Samole, Esq., Kozyak Tropin & Throckmorton, P.A., Coral Gables, FL, for Royal Trust. MEMORANDUM...
437 B.R. 447 (2010) In re TOUSA, INC., et al., Debtors. Official Committee of Unsecured Creditors of TOUSA, Inc., et al., Plaintiff, v. Technical Olympic, S.A., et al., Defendants. Bankruptcy No. 08-10928-BKC-JKO. Adversary No. 09-1616-JKO. United States Bankruptcy Court, S.D. Florida, Fort Lauderdale Division. October 4, 2010. *451 Daniel H. Golden, David M. Zensky, Philip C. Dublin, Akin Gump, et al., Jessica S. Budoff, New York, NY, Patricia A. Redmond, Miami, FL, for Plaintiff. Andrew...
443 B.R. 182 (2010) In re Steven Allen ROGOVE, Debtor(s). No. 09-24622. United States Bankruptcy Court, S.D. Florida, West Palm Beach Division. September 17, 2010. *184 Craig I. Kelley, West Palm Beach, FL, for Debtor. ORDER DENYING TRUSTEE'S AMENDED APPLICATION FOR TURNOVER ERIK P. KIMBALL, Bankruptcy Judge. This matter came before the Court for an evidentiary hearing on June 17, 2010 upon the Trustee's Amended Application for Turnover [DE 76] (the "Motion") filed by Michael R. Bakst (the "...
439 B.R. 801 (2010) In re GINN-LA ST. LUCIE LTD., LLLP, et al., Debtors. In re Ginn-La Quail West Ltd., LLLP, et al., Debtors. No. 08-29769-BKC-PGH. United States Bankruptcy Court, S.D. Florida, West Palm Beach Division. November 9, 2010. *802 Paul Steven Singerman, Esq., Miami, FL, for Debtor. ORDER ON TRUSTEE'S MOTION TO COMPEL PAUL G. HYMAN, Chief Judge. THIS MATTER came before the Court upon Drew M. Dillworth's ("Trustee") Motion to Compel Compliance with Demands for Turnover Pursuant to 11...
467 B.R. 239 (2010) In re Michael EUGENE, Debtor. No. 05-25292-BKC-JKO. United States Bankruptcy Court, S.D. Florida, Fort Lauderdale Division. July 12, 2010. Jared J. Kullman, Esq., Miramar, FL, LaShawn Strachan, Esq., North Miami, FL, for Debtor. ORDER TO SHOW CAUSE AND SETTING HEARING JOHN K. OLSON, Bankruptcy Judge. This five-year-old chapter 7 case is before me on the Debtor's motion to reopen the case to add an omitted creditor and to permit the Debtor to file an adversary proceeding...
