ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT LAUREL M. ISICOFF , Judge . This matter came before me on October 14, 2015 on cross-motions for summary judgment filed by the Plaintiff, American Airlines Federal Credit Union ("Credit Union") and by the Defendant/Debtor Raul Cardona ("Debtor"). 1 Resolution of this adversary proceeding requires a determination of what is the meaning of "funds received as an educational benefit" in 11 U.S.C. 523(a)(8)(A)(ii) for the purposes of determining...
ORDER DENYING MOTION TO DISMISS CASE AND GRANTING IN PART MOTIONS FOR PROTECTIVE ORDER Robert A. Mark , Judge United States Bankruptcy Court. Introduction and Summary of Ruling Dr. Afonso Henrique Alves Braga, as Trustee of Petroforte Brasileiro de Petroleo Ltda. (the "Trustee"), filed this chapter 15 bankruptcy case for the purpose of investigating "suspected misappropriated assets of Petroforte" in this district. DE # 2 17. On March 27, 2014 the Court entered its Order Granting...
ORDER DENYING MOTION TO COMPEL DISMISSAL OF NEW YORK ACTION AGAINST THE TRUSTEE, HIS PROFESSIONALS AND CERTAIN CREDITORS IN VIOLATION OF THE BARTON DOCTRINE A. JAY CRISTOL , Bankruptcy Judge . On November 2, 2015 a hearing was held by this Court upon the Emergency Motion of Barry Mukamal, Chapter 7 Trustee for the bankruptcy estate of TradeWinds Airlines, Inc. ( "TradeWinds" ), to Compel Violet Elizabeth Grayson to Dismiss Her Action Filed in New York Asserting Claims Against the Trustee,...
ORDER GRANTING IN PART MOTION TO COMPEL ERIK P. KIMBALL , Bankruptcy Judge . THIS MATTER came before the Court for hearing on December 9, 2015 upon Heartwood 4, LLC's Motion to Compel Stuart International Corp. to Produce Documents and for Sanctions [ECF No. 31] (the "Motion to Compel") filed by creditor Heartwood 4, LLC ("Heartwood"). For the reasons stated below and at the hearing, the Court grants the Motion in part. Debtor Martin A. Tabor is the sole beneficiary of the Martin Tabor...
ORDER DENYING MOTION TO QUASH ERIK P. KIMBALL , Bankruptcy Judge . THIS MATTER came before the Court for hearing on December 9, 2015 upon the Non-Party, Stuart International Corp.'s Objection to Subpoena and Motion to Quash or Modify or for Protective Order [ECF No. 193] (the "Motion") filed by Stuart International Corp. ("Stuart"). For the reasons stated below and at the hearing, the Court denies the Motion. Debtor Martin A. Tabor is the sole beneficiary of the Martin Tabor 401k Profit...
ORDER GRANTING MOTION FOR TURNOVER ERIK P. KIMBALL , Bankruptcy Judge . THIS MATTER came before the Court for hearing on November 13, 2015 upon the Trustee's Application for Turnover of 2004 Lexus GX470 Utility 4WD VIN: JTJBT20X140043497 with the Original Title and Keys [ECF No. 96] (the "Motion") filed by Michael R. Bakst as chapter 7 trustee (the "Trustee"). With the Motion, the Trustee requests turnover of a 2004 Lexus GX470 Utility 4WD, VIN No. JTJBT20X140043497 (the "Lexus"), owned...
PROPOSED ORDER ON MOTION TO VACATE CLERK'S DEFAULT AND MOTION FOR DEFAULT JUDGMENT ERIK P. KIMBALL , Bankruptcy Judge . THIS MATTER came before the Court for hearing on November 13, 2015 upon the Plaintiffs' Motion for Entry of Final Judgment After Default Against Defendants Lawrence Duprey and Brian Branker [ECF No. 441] (the "Motion for Judgment") filed by plaintiffs British American Insurance Company Limited ("BAICO") and British American Isle of Venice Limited ("Isle of Venice" and,...
ORDER GRANTING IN PART DEBTORS' MOTION TO COMPEL CITIMORTGAGE, INC. ERIK P. KIMBALL , Bankruptcy Court . This case is about a national lender that offered to modify a home mortgage on terms acceptable to its individual borrowers, which loan modification the lender knew was approved by the Court and then incorporated into a modified chapter 13 plan approved without objection by final order of this Court, which loan modification the lender was previously directed to comply with in another...
ORDER ON MOTION TO RECUSE John K. Olson , Judge , United States Bankruptcy Court This dismissed Chapter 11 case is before the Court on the Motion (the "Recusal Motion") [ECF 290] filed on January 29, 2015, by the Debtor and her counsel, Tina M. Talarchyk, seeking an order of recusal of this judge pursuant to 28 U.S.C. 455(a) and (b), 28 U.S.C. 144, and the Code of Judicial Conduct for United States Judges, Canons 2 and 3. Background The Debtor filed her case on January 17, 2013....
ORDER APPROVING TRUSTEE'S EX PARTE APPLICATION TO EMPLOY ACCOUNTANT NUNC PRO TUNC TO SEPTEMBER 30, 2015 A. JAY CRISTOL , Bankruptcy Judge . THIS CAUSE came before the Court upon the Trustee's Ex Parte Application to Employ Accountant Nunc Pro Tunc to September 30, 2015 (the "Application") [ECF No. 17]. Upon the representations that Michael A. Borkowski, CPA and Ahearn Jasco + Company, P.A. hold no interest adverse to the estate in the matters upon which they are...
ORDER DENYING MOTION TO EXTEND MORTGAGE PAYMENTS BEYOND LIFE OF THE CHAPTER 13 PLAN A. JAY CRISTOL , Bankruptcy Judge . THIS CAUSE came before the Court upon the Debtor's Motion to Extend Mortgage Payments Beyond Chapter 13 Plan Period (DE 95). The Debtor owns investment property located at 5423 W. 22 nd Court #103, Hialeah, FL (the "Property"). Seterus, Inc. filed Proof of Claim #2-1, asserting a claim in the amount of $177,279.61 secured by the Property. The Debtor challenged the...
PRELIMINARY ORDER ON MOTION TO DISMISS, DIRECTING BRIEFING, AND SETTING EVIDENTIARY HEARING John Karl Olson , Judge . This Chapter 11 case came before the Court for preliminary hearing on the Emergency Motion (the "Dismissal Motion") [ECF 32] filed by Creditor Rosalie Skinner and seeking dismissal of this case pursuant to 11 U.S.C. 1112(b). The gravamen of the Dismissal Motion is that the Debtor Foundation was created and funded as part of an elaborate fraud perpetrated by Andrew...
PROPOSED CONCLUSIONS OF LAW ON MOTION FOR SUMMARY JUDGMENT ERIK P. KIMBALL , Bankruptcy Judge . THIS MATTER came before the Court upon the Parcside Equity, LLC's Motion for Partial Summary Judgment on Counts III, IV, V, VI and VII of the Trustee's Amended Counterclaim Based on the Safe Harbor Provisions of Section 546(e) of the Bankruptcy Code [ECF No. 203] (the "Motion") filed in Adv. Proc. No. 13-01479-EPK by Parcside Equity, LLC ("Parcside"), joined in by Philip Lian, and the...
ORDER DENYING MOTION FOR DISQUALIFICATION [ECF 394] JOHN K. OLSON , Judge . This case is before the Court on Kenneth A. Frank's Motion (the "Motion") [ECF 394] for disqualification of this judge. The Motion seeks disqualification "pursuant to 28 U.S.C. section(s) 144 and 455, and the Due Process Clauses of the United States Constitution, Amendments V and IX." Mr. Frank alleges that disqualification is required because (1) the Court's "impartiality might be reasonably questioned;" (2) the...
ORDER DENYING MOTION TO MODIFY AND INTERPRETING MEANING OF "SURRENDER" IN CHAPTER 13 PLANS Robert A. Mark , Judge , United States Bankruptcy Court. The Debtors in this chapter 13 case confirmed a plan that contemplated modification of their mortgage with U.S. Bank National Association ("U.S.Bank"). The Debtors pursued this modification under the Court's Mortgage Modification Mediation Program Procedures (the "MMM Procedures") adopted by this court's Administrative Order 14-03. Under the...
ORDER DENYING MOTION TO REOPEN TO STRIP LIEN ROBERT A. MARK , Bankruptcy Judge . In the Eleventh Circuit, chapter 7 debtors may file motions to value their homestead property and strip off wholly unsecured junior liens. In re McNeal, 735 F.3d 1263 (11th Cir. 2012). This may change after the Supreme Court issues its opinion in two consolidated cases argued this term, Bank of America v. Toledo-Cardona and Bank of America v. Caulkett. The issue presented in this case is whether to...
PRELIMINARY ORDER ON MOTION TO RECUSE John K. Olson , Judge United States Bankruptcy Court . This dismissed Chapter 11 case is before the Court on the Motion (the "Recusal Motion") [ECF 290] filed by the Debtor and her counsel, Tina M. Talarchyk, seeking an order of recusal of this judge pursuant to 28 U.S.C. 455(a) and (b), 28 U.S.C. 144, and the Code of Judicial Conduct for United States Judges, Canons 2 and 3. Background The Debtor filed her case on January 17, 2013. She has...
Chapter 11 ORDER SUSTAINING JOINT OBJECTION TO CLAIM OF PDVSA PETR LEO, S.A. Erik P. Kimball , United States Bankruptcy Judge . THIS MATTER came before the Court for hearing on December 18, 2014 upon the Joint Objection to Claim of PDVSA Petr leos, S.A. [sic] [ECF No. 168] (the "Joint Objection") filed by (i) Trigeant Holdings, Ltd., Trigeant, LLC, and Trigeant, Ltd. (together, the "Debtors"), and (ii) Harry Sargeant, II, Daniel Sargeant, and James Sargeant (together, the "Consenting...
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS Paul G. Hyman, Jr. , Chief United States Bankruptcy Judge . THIS MATTER came before the Court for" hearing on June 29, 2015, upon the Motion to Dismiss (the "Motion to Dismiss") (ECF No. 7) filed by Jeannine McLaughlin (the "Defendant"). The Motion to Dismiss seeks dismissal of the Complaint (ECF No. 1) filed by Chapter 7 Trustee Nicole Testa Medhipour (the "Trustee"). The Court took the matter under advisement at the hearing, and for the...
ORDER DETERMINING SANCTIONS AMOUNT AGAINST PAH CO., L. LOUIS MRACHEK, AND THE LAW FIRM OF MRACHEK, FITZGERALD, ROSE, KONOPKA, THOMAS & WEISS, P.A., AND DIRECTING PAYMENT John K. Olson , Judge , United States Bankruptcy Court The Debtor sought the award of sanctions against PAH Co. ("PAH")., L. Louis Mrachek, and Mrachek's law firm, Mrachek, Fitzgerald, Rose, Konopka, Thomas & Weiss, P.A. (collectively, "Mrachek") by Motions [ECF 264 and 287] (the "Sanctions Motions"). By Order (the "...
