MEMORANDUM OPINION ERIK P. KIMBALL, Bankruptcy Judge. THIS MATTER came before the Court for trial on July 9 and July 10, 2012 upon the Second Amended Complaint for: (1) Allowance of Claims, and (2) Determination of Non-Dischargeability of Debt [ECF No. 49] (the "Complaint") filed by Stewart Title Guaranty Company (the "Plaintiff") against Denise Roberts-Dude (the "Defendant") and the Defendant's Answer and Affirmative Defenses to Plaintiff's Second Amended Complaint and Counterclaim [ECF...
MEMORANDUM OPINION AND ORDER OVERRULING OBJECTION TO CLAIM OF ARLENE WEXLER, ESQ. ROBERT A. MARK, Bankruptcy Judge. The Court conducted a hearing on July 12, 2012 on the Debtor in Possession's Objection to Claim of Arlene Wexler, Esq. (the "Objection to Claim") 1 [DE #59]. Arlene Wexler, Esq. ("Wexler") was counsel to Andrea Labis ("Labis"), the mother of the Debtor's child, in a protracted child custody dispute styled Elkin v. Labis, Index No. 105411/08 (the "State Court Case"), which...
ORDER DENYING DEFENDANT'S MOTION TO DISMISS A. JAY CRISTOL, Bankruptcy Judge. THIS CAUSE came before the Court on August 7, 2012 at 2:00 p.m. in Miami, Florida, upon Defendants' Motion to Dismiss Plaintiff's Complaint (the "Motion to Dismiss") [ECF No. 20] and the response filed by Plaintiff, Caresource, Inc., Trustee under the Emilienne N. Brooks Irrevocable Trust Agreement (the "Response") [ECF No. 24]. The Court, having reviewed the Motion to Dismiss, and the Response and having...
MEMORANDUM OPINION AND ORDER ON CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT AS TO NEW VALUE DEFENSE A. JAY CRISTOL, Bankruptcy Judge. This matter came before the Court for hearing on June 7, 2012 upon the Motion for Partial Summary Judgment [ECF # 107] (" Defendant's Motion ") filed by Samsung Semiconductor, Inc. (the "Defendant") and the Cross-Motion for Partial Summary Judgment filed by AASI Creditor Liquidating Trust [ECF # 120] (" Plaintiff's Cross-Motion "), as well as the Reply of...
ORDER ON MOTIONS FOR SUMMARY JUDGMENT ERIK P. KIMBALL, Bankruptcy Court. Michael R. Bakst, as chapter 7 trustee (the "Trustee") for the bankruptcy estate of Kane & Kane, a Partnership (the "Debtor"), commenced this adversary proceeding by filing a complaint [ECF No. 1] (the "Complaint") against the United States of America (the "Defendant"). In the Complaint, the Trustee seeks (a) in Count I (Actual Fraud) avoidance and recovery of certain fraudulent transfers under 544(b), 548(a)(1)(A)...
ORDER DENYING DEBTOR'S MOTION FOR PROTECTIVE ORDER REGARDING DISCOVERY RELATED TO OBJECTIONS TO EXEMPTIONS LAUREL M. ISICOFF, Bankruptcy Judge. This matter came before this Court on May 21, 2012 on Debtor's Motion for Protective Order (ECF #310). The Court previously entered its Order Ruling on Motion for Protective Order (ECF #331), but the Court partially reserved ruling on the discovery requested by the Trustee relating to objections to the Debtor's claimed objections. For the reasons set...
ORDER SUSTAINING DEBTOR'S OBJECTION TO CLAIM NO 3 A. JAY CRISTOL, Bankruptcy Judge. THIS CAUSE came before the Court for evidentiary hearing on November 29, 2011 and, again, on January 20, 2012 upon the Debtor's Objection to Claim No. 3 of Dr. Nader and Daisy Afrooz (the "Afroozes") (DE 160) and the Supplemental Objection (DE 366) (collectively the "Objection"). The Court being familiar with the record, and having considered the testimony and evidence admitted into the record, as well as the...
MEMORANDUM OPINION ERIK P. KIMBALL, Bankruptcy Judge. THESE MATTERS came before the Court for trial on November 7, 9 and 10, 2011 and January 20, 23 and 24, 2012 upon (a) the Complaint to Determine Dischargeability of Debts, and Objection to Discharge [Adv. Proc. No. 09-1838-EPK, ECF No. 1] filed by Stewart Tilghman Fox & Bianchi, P.A., William C. Hearon, P.A., and Todd S. Stewart, P.A. (together, the "Plaintiffs") against Charles J. Kane, and (b) the Complaint to Determine Dischargeability...
ORDER (1) DENYING LEXI NORTH BAY, LLC'S MOTION FOR SUMMARY JUDGMENT; AND (2) GRANTING IN PART AND DENYING IN PART GREAT FLORIDA BANK'S AND LEXI DEVELOPMENT COMPANY, INC.'S CROSS-MOTIONS FOR SUMMARY JUDGMENT A. JAY CRISTOL, Bankruptcy Judge. On April 10, 2012 the Court conducted a hearing on the Motion for Summary Judgment filed by Defendant Lexi North Bay, LLC ("North Bay") and the Responses and Cross-Motions for Summary Judgment filed by Defendant/Cross-Claimant Great Florida Bank ("GFB")...
ORDER DENYING MOTION TO APPROVE STIPULATION TO COMPROMISE CONTROVERSY ERIK P. KIMBALL, Bankruptcy Judge. In this case, the chapter 7 trustee seeks an order approving a settlement with the mortgage lender holding a lien on the debtor's homestead. Under the proposed settlement, the bankruptcy estate would receive $10,000 and the estate would waive not only the counterclaim brought by the debtor against the lender in the lender's pre-petition foreclosure action but all of the debtor's defenses...
ORDER GRANTING IN PART AND DENYING IN PART MOTION OF PETITIONING CREDITOR DEFENDANTS AND U.S. BANK DEFENDANTS TO DISMISS ADVERSARY COMPLAINT A. JAY CRISTOL, Bankruptcy Judge. THIS MATTER came before the Court for hearing upon the Motion to Dismiss Adversary Complaint [D.E. Adv. #18] filed by Defendants DVI Receivables, XIV, LLC, DVI Receivables, XVI, LLC, DVI Receivables, XVII, LLC, DVI Receivables, XVIII, LLC, DVI Receivables, XIX, LLC and DVI Funding, LLC (collectively, the "Petitioning...
MEMORANDUM OPINION ON ORDER GRANTING CREDITORS' MOTION TO CONVERT LAUREL MYERSON ISICOFF, Bankruptcy Judge. This matter came before me on a request to convert case to Chapter 7 filed by Florida Associates Capital Enterprises and Ocean Bank (ECF #1815). 1 The issue that I must decide is whether and when a bankruptcy court may convert a chapter 11 case to a chapter 7 case after the plan has been confirmed and after substantial consummation, and, if so, what is the impact of that conversion on...
ORDER GRANTING THE DAN MARINO FOUNDATION, INC.'S MOTION FOR SUMMARY JUDGMENT [D.E. 17] RAYMOND B. RAY, Bankruptcy Judge. THIS MATTER came before the Court for a hearing on September 5, 2012 on the Defendant's, The Dan Marino Foundation, Inc. (the "Foundation"), Motion for Summary Judgment and Incorporated Memorandum of Law (the "Motion") [D.E. 17], the Plaintiffs (the "Trustee") Response in Opposition to The Dan Marino Foundation, Inc.'s Motion for Summary Judgment and Incorporated...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS LAUREL M. ISICOFF, Bankruptcy Judge. This matter came before me on April 5, 2012 upon the Motion to Dismiss All Claims Asserted by Joel L. Tabas, Trustee, Against Joseph M. Lehman (ECF # 12) (the "Motion to Dismiss") filed by the Defendant, Joseph M. Lehman. 1 Having considered the record, the applicable law, arguments of counsel, and the Complaint, the Defendant's Motion to Dismiss is granted in part and denied in...
468 B.R. 437 (2012) In re Matthew PERLMAN, Debtor. In re Donald J. Dennis, Debtor. In re Lidia Gibert, Debtor. In re Stephen Munoz, Debtor. In re Fred Bailin, Debtor. Nos. 11-40717-JKO, 12-12425-JKO, 11-41597-JKO, 12-15677-JKO, 12-14141-JKO. United States Bankruptcy Court, S.D. Florida, Fort Lauderdale Division. April 5, 2012. *438 Anthony Ditocco, Fort Lauderdale, FL, for Debtors. MEMORANDUM OPINION & ORDER ON AUTOMOBILE LEASE ASSUMPTION AGREEMENTS FILED AS "REAFFIRMATION AGREEMENTS" JOHN K....
471 B.R. 307 (2012) In re Maury ROSENBERG, Alleged Debtor. Maury Rosenberg, Plaintiff, v. DVI Receivables, XIV, LLC, et al., Defendants. Bankruptcy No. 09-13196-BKC-AJC. Adversary No. 10-03812-BKC-AJC. United States Bankruptcy Court, S.D. Florida. March 26, 2012. *310 Allison R. Day, Esq., Miami, FL, Bonnie R. Golub, Carlos E. Sardi, Esq., Philadelphia, PA, for Alleged Debtor and Plaintiff. Peter H. Levitt, Esq., Stephen P. Drobny, Esq., Miami, FL, Jeffrey A. Blaker, Esq., West Palm Beach, FL,...
470 B.R. 902 (2012) In re Charles J. KANE, Debtor. Stewart Tilghman Fox & Bianchi, P.A., William C. Hearon, P.A., and Todd S. Stewart, P.A., Plaintiffs, v. Charles J. Kane, Defendant. In re Harley N. Kane, Debtor. Stewart Tilghman Fox & Bianchi, P.A., William C. Hearon, P.A., and Todd S. Stewart, P.A., Plaintiffs, v. Harley N. Kane, Defendant. Bankruptcy Nos. 09-15557-EPK, 09-15558-EPK. Adversary Nos. 09-1838-EPK, 09-1839-EPK. United States Bankruptcy Court, S.D. Florida, West Palm Beach...
468 B.R. 431 (2012) In re Lynne Ann LARKIN, Debtor. No. 11-29628-EPK. United States Bankruptcy Court, S.D. Florida, West Palm Beach Division. March 30, 2012. *432 Barry S. Balmuth, Esq., West Palm Beach, FL, for Debtor. Michael R. Bakst, West Palm Beach, FL, for Trustee. Office of the U.S. Trustee, Miami, FL. ORDER DENYING MOTION TO APPROVE STIPULATION TO COMPROMISE CONTROVERSY ERIK P. KIMBALL, Bankruptcy Judge. In this case, the chapter 7 trustee seeks an order approving a settlement with the...
