ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT ERIK P. KIMBALL, Bankruptcy Judge. THIS CAUSE came before the Court upon the Plaintiffs Motion for Partial Summary Judgment against Defendants, Shirley Jean King and Homer King [ECF No. 56] (the "Trustee Motion") filed by Deborah C. Menotte, Trustee in Bankruptcy for Shirley Jean King (the "Trustee"), and the Cross-Motion of Defendant/Counterplaintiff, Homer King, for Summary Judgment in His Favor and against Plaintiff/Counter defendant, Deborah...
ORDER OVERRULING UNITED STATES' OBJECTION PAUL G. HYMAN, Chief Judge. THIS MATTER came before the Court upon the United States of America's ("United States" or "IRS") Objection to Bankruptcy Courts' Entry of Final Judgment in this Adversary Proceeding ("Objection") (ECF No. 107). Pursuant to the Court's Order Setting Briefing Schedule, Deborah C. Menotte ("Trustee") filed a Response to the IRS' Objection and the IRS filed a Reply. I. Background Custom Contractors, LLC (the "Debtor"...
ORDER GRANTING IN PART DEBTOR'S MOTION FOR SURCHARGE PURSUANT TO 11 U.S.C. 506(c) AGAINST ONEWEST BANK PAUL G. HYMAN JR., Chief Judge. THIS MATTER came before the Court upon The Spa at Sunset Isles Condominium Association, Inc.'s (the "Debtor") Motion for Surcharge Pursuant to 11 U.S.C. 506(c) (the "Motion") and OneWest Bank FSB's ("OneWest") 1 Response. The Debtor filed the Motion pursuant to its Plan of Reorganization (D.E. 31) (the "Plan"), 2 which the Court approved on...
Order Denying Confirmation of Debtors' Chapter 13 Plans [B. ECF No. 88] & [RN. ECF No. 11] 1 JOHN K. OLSON, Bankruptcy Judge. Creditor AmeriCredit Financial Services, Inc. objects to confirmation of the debtors' Chapter 13 plans because it believes that the plans were not filed in good faith. See 11 U.S.C. 1325(a)(3). AmeriCredit argues that the debtors purchased vehicles shortly before their bankruptcy filings, and then proposed Chapter 13 plans which would repay AmeriCredit at...
MEMORANDUM ORDER GRANTING DEFENDANTS', BFWEST, LLC, BFSPE, LLC, BUILDER FUNDING, LLC AND BUILDERFINANCIAL CORP.'S MOTION FOR SUMMARY FINAL JUDGMENT ON USURY ISSUES AND DENYING PLAINTIFF, 8699 BISCAYNE, LLC'S CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT AND SUPPLEMENTAL MOTION FOR FINAL SUMMARY JUDGMENT ON COUNT III USURY A. JAY CRISTOL, Bankruptcy Judge. THIS CAUSE came before the Court for hearing on June 20, 2011 upon Defendants', BFWEST, LLC, BFSPE, LLC, BUILDER FUNDING, LLC, and...
ORDER DENYING MOTION TO DISMISS [ECF No. 15] ERIK P. KIMBALL, Bankruptcy Judge. In its Motion to Dismiss the Amended Complaint [ECF No. 15] (the "Motion to Dismiss"), the United States of America (the "United States") argues that the trustee's fraudulent conveyance action brought under section 544 1 is not subject to waiver of sovereign immunity in spite of the fact that section 106 explicitly waives sovereign immunity for actions under section 544. The United States argues that a rule of...
MEMORANDUM DECISION AND ORDER OVERRULING ALL OBJECTIONS TO DISCHARGE AND DIRECTING ISSUANCE OF DISCHARGE TO DEBTOR A. JAY CRISTOL, Bankruptcy Judge. THIS MATTER came before the Court for trial upon Plaintiffs' Second Amended Complaint Objecting to Discharge of Debtor pursuant to 11 U.S.C. 727(a)(2)-(6). The Court has read and reread the record and after much deliberation, finds no basis to deny the Debtor his discharge. The Court just does not view the evidence as painting the Debtor so...
MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT WORLD FUEL SERVICE, INC.'S MOTION FOR PARTIAL SUMMARY JUDGMENT A. JAY CRISTOL, Bankruptcy Judge THIS MATTER comes before the Court on the Defendant World Fuel Service, Inc.'s (the "Defendant") Motion for Summary Judgment, or, in the Alternative, for Partial Summary Judgment [D.E. 42] filed in the above-styled preference adversary (the " Motion "), and Barry E. Mukamal, as chapter 7 trustee (the " Trustee ") for the...
ORDER DENYING LEXI NORTH BAY, LLC'S MOTION TO DISMISS GREAT FLORIDA BANK'S CROSS-CLAIMS A. JAY CRISTOL, Bankruptcy Judge. THIS MATTER came before the Court for hearing on January 26, 2011 upon the Motion to Dismiss [ECF # 21] (the "Motion") the Cross-Claim [ECF #15] (the "Cross-Claim") of Cross-Plaintiff Great Florida Bank ("GFB") filed by Cross-Defendant Lexi North Bay, LLC ("North Bay") pursuant to 12(b)(6) of the Federal Rules of Civil Procedure, as incorporated by Rule 7012 of the...
Order Sustaining Chapter 7 Trustee's Objection under 11 U.S.C. 522(o)(4) to Debtor's Claimed Homestead Exemption [ECF No. 52] JOHN K. OLSON, Bankruptcy Judge. Chapter 7 Trustee Kenneth A. Welt has filed an objection to the Debtor's claim of exemptions arguing that the Debtor's claimed state law homestead exemption should be reduced under 11 U.S.C. 522(o)(4). See [ECF No. 52]. Section 522(o)(4) provides that a debtor's homestead exemption shall be reduced to the extent that she (with...
MEMORANDUM OPINION ON ABILITY OF A CHAPTER 13 DEBTOR TO STRIP A LIEN WHEN THE CHAPTER 13 DEBTOR IS INELIGIBLE FOR A DISCHARGE ROBERT A. MARK, LAUREL M. ISICOFF, A. JAY CRISTOL, Bankruptcy Judges. A variety of procedural motions are pending in these cases, all of which require resolution of the same threshold legal issue— whether a chapter 13 debtor who is ineligible to receive a chapter 13 discharge may, nonetheless, strip off the lien of a wholly unsecured mortgage in a chapter 13 plan. The...
Order Denying Defendant's Motion to Dismiss [ECF No. 8] JOHN K. OLSON, Bankruptcy Judge. Plaintiff Chapter 7 Trustee Kenneth A. Welt initiated this adversary proceeding on June 18, 2010 seeking to recover money damages from Defendant Patrick Farino under an alleged 2004 agreement between Antol Restoration, Inc. (the "Debtor") and the Defendant. The Defendant filed a Motion to Dismiss Adversary Complaint and incorporated Memorandum of Law (the "Motion"). 1 Because I conclude that neither...
Order Granting Motion to Compel/Motion for Turnover [ECF No. 8] JOHN K. OLSON, Bankruptcy Judge. On August 9, 2010, the Debtor filed an Emergency Motion to Compel and Motion for Turnover of Property. See [ECF No. 8]. The matter was initially heard on August 12, 2010 at 10:00 AM, the motion was granted in-part and denied in-part, and I scheduled an evidentiary hearing for September 10, 2010. See [ECF Nos. 9, 20, 21, 49 & 68]. The evidentiary hearing was continued several times and finally...
MEMORANDUM ORDER GRANTING IN PART AND DENYING IN PART TRUSTEE'S MOTION FOR PARTIAL SUMMARY JUDGMENT PAUL G. HYMAN, Bankruptcy Judge THIS MATTER came before the Court on October 29, 2010, upon Michael Bakst's (the "Trustee") Motion for Partial Summary Judgment as to Count I of Plaintiff's Complaint and as to the Trustee's Objection to the Debtor's Claimed Exemption (the "Motion"), and the Response by Michael Aranda (the "Debtor") and his wife, Tonya Aranda ("Mrs. Aranda") (collectively...
Findings of Fact and Conclusions of Law JOHN K. OLSON, Bankruptcy Judge. The United States Trustee filed this action objecting to the Debtors' discharge because he questions the propriety of their post-petition transfer of a diamond engagement ring to a New York City pawn broker. The ring was pawned for $10,000.00, which the United States Trustee argues was an improper post-petition transfer made with intent to hinder, delay, or defraud creditors. The United States Trustee also questions...
ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT PAUL G. HYMAN, Chief Judge. THIS MATTER came before the Court upon the Official Committee of Unsecured Creditors' ("Plaintiff or "Committee") Motion for Summary Judgment ("Motion"). The bankruptcy cases of the following related entities are jointly administered: Camtech Precision Manufacturing, Inc. ("Camtech"), R & J National Enterprises, Inc. ("R & J"), and Avstar Fuel Systems, Inc. ("Avstar Fuel") (collectively, the "Debtors")....
457 B.R. 895 (2011) In re JET NETWORK, LLC, Debtor. Paul Parmar, Plaintiff/Counter-Defendant, v. Stuart L. Cauff, Michael A. Keister, Susan Lewis, Defendants, Stuart L. Cauff, Counter-Plaintiff, v. Paul Parmar a/k/a Parmjit Singh Parmar, Counter-Defendant. Stuart L. Cauff, Third-Party Plaintiff, v. Pegasus Elite Aviation, LLC, Pegasus Bluestar Fund, Pegasus Jet Charter, Sotirioszaharis a/k/a Sam Zaharis, Thomas James Segrave, Segrave Aviation, Inc. a/k/a Seagrave Aviation and Merrill Lynch...
451 B.R. 586 (2011) In re NEW RIVER DRY DOCK, INC., Debtor. No. 06-13274-JKO. United States Bankruptcy Court, S.D. Florida, Fort Lauderdale Division. April 16, 2011. *587 James H. Fierberg, Esq., Miami, FL, for Debtor. ORDER: (1) Denying Kit Denison & Marine Realty, Inc.'s Compound Motion [ECF No. 489] in its Entirety; (2) Denying Kit Denison & Marine Realty, Inc.'s Motion for Summary Judgment [ECF No. 486]; (3) Granting-in-Part Marina Mile Shipyard's Motion for Summary Judgment on Disgorgement...
457 B.R. 884 (2011) In re A.G.A. FLOWERS, INC., et al., Debtors. In re Rich International Airways, Inc., Debtor. Bankruptcy No. 01-13984-BKC-RAM. Adversary No. 96-17399-BKC-RAM. United States Bankruptcy Court, S.D. Florida. April 6, 2011. *885 Mark D. Bloom, Miami, FL, for A.G.A. Flowers, Inc. Peter H. Levitt, Miami, FL, for Rich International Airways, Inc. *886 MEMORANDUM OPINION AND ORDER DENYING MOTIONS FOR RELEASE OF UNCLAIMED FUNDS ROBERT A. MARK, Bankruptcy Judge. Funds locators typically...
444 B.R. 472 (2011) In re Nidia Amparo OROZCO, Debtor. No. 10-33094-BKC-JKO. United States Bankruptcy Court, S.D. Florida, Fort Lauderdale Division. February 7, 2011. *474 Edward Freire, Laila S. Gonzalez, Miami, FL, for Debtor. Leslie S. Osborne, Esq., Boca Raton, FL, for Trustee. Order Granting Motion to Compel/Motion for Turnover [ECF No. 8] JOHN K. OLSON, Bankruptcy Judge. On August 9, 2010, the Debtor filed an Emergency Motion to Compel and Motion for Turnover of Property. See [ECF No. 8]....
