ORDER APPROVING FIRST INTERIM APPLICATION FOR ATTORNEY'S FEES AND EXPENSES OF SHRAIBERG, FERRARA, LANDAU & PAGE, P.A. Erik P. Kimball , Judge , United States Bankruptcy Court. This matter came before the Court for hearing on October 19, 2016 upon the Summary of First Interim Application for Compensation and Reimbursement of Expenses of Shraiberg, Ferrara, Landau & Page, P.A. as Bankruptcy Counsel for the Debtor [ECF No. 159] and the Debtor's Response to Objection to First Interim...
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS Erik P. Kimball , Judge , United States Bankruptcy Court. THIS MATTER came before the Court upon Bank Leumi's Motion to Dismiss Amended Complaint (the "Motion to Dismiss") [ECF No. 18] filed by Bank Leumi, USA (the "Defendant"), and the response and reply related thereto [ECF Nos. 40 and 32]. This is an action in which the chapter 7 trustee seeks to avoid several payments by a corporate debtor to its commercial lender, including regular...
AMENDED 1 ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS COMPLAINT AND/OR MOTION FOR MORE DEFINITE STATEMENT AND MOTION TO STRIKE LAUREL MYERSON ISICOFF , Chief Bankruptcy Judge . This matter came before the Court for hearing on September 29, 2016, at 3:00 p.m., on the Defendants' Motion to Dismiss Complaint and/or Motion for More Definite Statement and Motion to Strike (the "Motion") (ECF #16). The Court has considered the Motion, the Trustee's response to...
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS COMPLAINT AND/OR MOTION FOR MORE DEFINITE STATEMENT AND MOTION TO STRIKE Laurel Myerson Isicoff , Chief Judge , United States Bankruptcy Court. This matter came before the Court for hearing on September 29, 2016, at 3:00 p.m., on the Defendants' Motion to Dismiss Complaint and/or Motion for More Definite Statement and Motion to Strike (the "Motion") (ECF # 16). The Court has considered the Motion, the Trustee's...
MEMORANDUM OPINION AND ORDER Erik P. Kimball , Judge , United States Bankruptcy Court THIS MATTER came before the Court for evidentiary hearings on July 25, 2016, August 5, 2016, and September 2, 2016 1 upon the Debtor's Emergency Motion for Violation of Automatic Stay and Creditor Misconduct Against DKMC, Inc., Dana Klein, Eric Stanco, Esq. and Scott D. Smiley, Esq. [ECF No. 87] (the "Motion") filed by Daya Medicals, Inc. (the "Debtor"). In the Motion, the Debtor alleges that Scott D...
"MUCH ADO ABOUT NOTHING" (FINDINGS OF FACT AND CONCLUSIONS OF LAW) A. Jay Cristol , Judge United States Bankruptcy Court. THIS CAUSE was tried before the Court on Thursday, September 29, 2016. This is a case that should never have been brought. For reasons unknown, a panel trustee, with a fine reputation of service for many years, lost her perspective. Like Alice in Wonderland, she stepped though a looking glass into a world of fantasy, and saw an estate asset, 3 or 4 shares of...
ORDER DENYING (1) MOTION TO PROCEED IN FORMA PAUPERIS AND (2) MOTION TO RECONSIDER DISMISSAL OF APPEAL ERIK P. KIMBALL , Bankruptcy Judge . THIS MATTER came before the Court upon the letter construed as the Motion to Proceed In Forma Pauperis in Bankruptcy Appeal [ECF No. 93] (the "Motion to Proceed In Forma Pauperis") and the document titled Notice of Appeal to the United States District Court for the Southern District of Florida Bankruptcy Court for Reconsideration of Ordered...
FINDINGS OF FACT AND CONCLUSIONS OF LAW A. Jay Cristol , Judge , United States Bankruptcy Court. THIS CAUSE came before this Court for a three day trial commencing on August 24, 2016, upon Plaintiff Barry Mukamal's First Amended and Supplemental Complaint for Damages, Deceptive Practices, and Equitable Relief ("Complaint") [D.E. 207] suing D.R. Horton, Inc. ( "D.R. Horton" ) and Rafael Roca, Amalia Papadimitriou, Christian Gausman, and Karl Albertson (collectively, "Individual...
ORDER ON TRUSTEE'S MOTION TO MODIFY OR DISMISS LAUREL M. ISICOFF , Bankruptcy Judge . This matter came before me on July 27, 2016, 1 on the Motion of the Chapter 13 Trustee to Modify or Dismiss this Chapter 13 bankruptcy case (the "Motion to Dismiss") (ECF #99). Having considered the evidence presented as well as argument of counsel 2 , both at the hearing and in legal memoranda presented both prior and subsequent to the evidentiary hearing, 3 I have determined that I will deny the...
ORDER ON MOTION TO DISMISS ERIK P. KIMBALL , Bankruptcy Judge . This matter comes before the Court on the Defendant's Motion to Dismiss and/or to Strike [ECF No. 19] (the "Motion"). The Court has reviewed the Motion, the response, and the reply. As more fully presented below, the Court will dismiss the complaint only to the extent it requests relief based on res judicata and/or the Rooker-Feldman doctrine, and will otherwise deny the Motion. CCH John Eagan II Homes, L.P., the debtor...
ORDER OVERRULING OBJECTION TO CLAIM LAUREL M. ISICOFF , Chief Bankruptcy Judge . This matter came before the Court on September 28, 2016 on Debtor's Objection to Claim of Rainbow Loans, Inc. (ECF #51). The Court has considered all of the evidence, including the testimony of Ms. Wells, the Debtor, and the exhibits that were submitted by the parties and admitted by the Court. Having considered the evidence in light of Florida law, the Court finds that the Debtor has not proven an enforceable...
ORDER ON DEBTOR'S EMERGENCY MOTION TO ENFORCE AUTOMATIC STAY LAUREL M. ISICOFF , Bankruptcy Judge . This cause came before me on February 9, 2016 at 8:30 a.m. on the Emergency Motion to Enforce Automatic Stay and Motion for Violation of the Automatic Stay (the "Motion") filed by PetitUSA, LLC (the "Debtor") (ECF #3). The Debtor alleged in the Motion that its landlord, Purdy Partners 1929, LLC (the "Landlord") violated the automatic stay by failing to instruct the Miami Dade County Sheriff...
ORDER GRANTING MOTION TO DISMISS ROBERT A. MARK , Bankruptcy Judge . The complaint and motion to dismiss in this proceeding present an issue of Florida law: If a lender files a foreclosure case that accelerates the borrower's obligations and that case is dismissed without prejudice, does the statute of limitations bar a later foreclosure action filed more than five(5) years after the loan was first accelerated For the reasons that follow, this Court adopts the majority view and concludes...
MEMORANDUM OPINION IN SUPPORT OF FINAL JUDGMENT AND DIRECTING FURTHER BRIEFING ON DAMAGES LAUREL M. ISICOFF , Bankruptcy Judge . This matter came before the Court for trial on November 24, 2015. 1 For the reasons stated below, judgment will be entered for the Plaintiff on Counts I and III of the Complaint. 2 On January 5, 2015, Ms. Durham filed this adversary proceeding against the Creditor/Defendant Homestead Housing Authority (the "HHA"). The Complaint (ECF #1) seeks recovery on the...
ORDER DENYING MOTION FOR RELIEF FROM JUDGMENT OR/AND ORDER(S) UNDER FED. R. BANK. P.R. ( SIC ) RULE 9024(B)(6), FED. R. CIV. P. RULE 60(B)(6) AND GRANTING TRUSTEE'S RENEWED MOTION TO COMPEL TURNOVER FROM THE DEBTOR LAUREL M. ISICOFF , Bankruptcy Judge . This matter came before me on August 10, 2016, upon the Debtor's Motion for Relief from Judgment or/and Orders Under Fed. R. Bankr P.R. ( sic ) Rule 9024(b)(6), Fed. R. Civ. P. Rule 60(b)(6) (the "Motion for Relief from Judgment") (...
ORDER GRANTING IN PART AND DENYING IN PART MOTION TO REOPEN CASE Laurel M. Isicoff , Judge United States Bankruptcy Court. This matter came before me on June 7, 2016, on Motion of Jose Losada and Caridad Losada (the "Debtors") to Reopen to Value and Determine Secured Status of Lien on Real Property 1 (ECF #152) (the "Motion to Reopen") 2 . The Debtors seek to reopen their chapter 13 case, which the Debtors successfully completed 3 , in order to prosecute a Motion to Value with...
ORDER DENYING MOTIONS TO DISMISS Robert A. Mark , Judge, United States Bankruptcy Court . Trustees typically use 11 U.S.C. 544(b) to "step into the shoes" of unsecured creditors in order to apply state statutes of limitations in avoidance actions. While this has been the general use, the language in 544(b) is broad, and some trustees have brought avoidance actions that would have been time-barred under state law by relying on the Internal Revenue Service ("IRS") as the triggering...
MEMORANDUM OPINION AND ORDER ON CLAIM OBJECTIONS Robert A. Mark , Judge, United States Bankruptcy Court . When chapter 13 plans provide for full payment to unsecured creditors, it is not surprising that debtors object to as many unsecured claims as they can. Because many claims are relatively small, creditors often do not file responses or appear at hearings on claims objections. Nevertheless, the Court has the responsibility to ensure that legitimate claims are not disallowed. The...
AGREED ORDER TO EMPLOYER TO DEDUCT AND REMIT AND FOR RELATED MATTERS LAUREL M. ISICOFF , Bankruptcy Judge . TO: Bel USA, LLC (The Employer) Payroll Department 12610 NW 115 Ave Medley, FL 33178 The above-named debtor has voluntarily filed a petition and plan under chapter 13 of the United States Bankruptcy Code, seeking to pay, in whole or in part, certain debts under the protection of this court. These debts are to be paid by the chapter 13 trustee from the debtor's future...
ORDER DENYING MOTION FOR ENTRY OF FINAL DEFAULT JUDGMENT AGAINST DEFENDANT MARC I. HANSMAN AND SETTING DEADLINE TO RESPOND TO REQUEST FOR DISMISSAL LAUREL M. ISICOFF , Bankruptcy Judge . THIS MATTER came before the Court on May 11, 2016 at 2:30 p.m. on the Motion for Entry of Final Default Judgment Against Defendant Marc I. Hansman (ECF #8) (the " Motion ") filed by Plaintiff, Miguel Firpi (the " Plaintiff "). This dispute concerns whether the professional fees of $4,000.00 incurred by...
