ORDER DENYING MOTION FOR COMFORT ORDER ROBERT A. MARK , Bankruptcy Judge . The Court conducted a hearing on December 10, 2019, on the Motion to Confirm Personal Liability (the "Motion for Comfort Order") [DE# 69] filed by Bayview Loan Servicing, LLC ("Bayview"). Debtor's confirmed chapter 13 plan (the "Plan") [DE# 59] provides for direct payments to Bayview on its secured claim. Bayview seeks a comfort order finding that the Debtor's personal liability to Bayview will not be discharged if...
DO NOT PUBLISH ORDER DENYING MOTION TO DISMISS AND DIRECTING DEBTOR TO AMEND PLAN LAUREL M. ISICOFF , Chief Bankruptcy Judge . This matter came before the Court for trial on September 4, 2019, on the Motion to Dismiss (ECF #44) filed by the Chapter 13 Trustee, the Objection to Confirmation (ECF #46) filed by the Chapter 13 Trustee, and the Debtor's Response to Trustee's Motion to Dismiss (ECF #50) (the "Response"). The Court has considered the Motion to Dismiss, the Objection to...
ORDER (1) GRANTING FOREIGN REPRESENTATIVE'S MOTION TO RECONSIDER AND (2) DENYING COLA FILHO'S MOTION TO QUASH Robert A. Mark , Judge United States Bankruptcy Court . On May 14, 2019, the Court entered its Order Granting, Without Prejudice, Camilo Cola Filho's Motion to Quash (the "Order Granting Motion to Quash") [DE# 61]. That Order quashed a Notice of Rule 2004 Examination duces tecum (the "Subpoena") directed to Camilo Cola Filho ("Cola Filho") by Elias Mubarak Junior, the foreign...
ORDER AND MEMORANDUM OPINION ON DISCOVERY DISPUTES Laurel M. Isicoff , Chief United States Bankruptcy Judge . Does a trustee have to prove the avoidability of a transfer in every action against a subsequent transferee even if the trustee has avoided the transfer already 11 U.S.C. 550 authorizes a trustee to recover "transfer[s], ... avoided under section 544, 545, 547, 548, 549, 553(b), or 724(a) of this title, ... the property transferred, or, if the court so orders, the value of such...
ORDER GRANTING MOTION TO STRIKE CHARGING LIEN Laurel M. Isicoff , Chief United States Bankruptcy Judge . This matter came before the Court on August 7, 2019 (the "Hearing") on Motion to Strike (ECF #430) filed by Creditor/Interested Party, Miami Development & Holdings, LLC (the "Motion to Strike") the Verified Notice and Claim of Attorneys' Charging Lien (ECF #291, Re-docketed ECF #295) (the "Charging Lien") filed by Irons Law Group ("Irons"). The Court has considered the Motion to...
ORDER GRANTING FOREIGN REPRESENTATIVE'S MOTIONS FOR PROTECTIVE ORDER Robert A. Mark , Judge United States Bankruptcy Court . The Court conducted a hearing on September 18, 2019, on two motions for a protective order (together, the "Motions") [DE #93, 94] filed by Elias Mubarak Junior, the foreign representative of the Debtors (the "Foreign Representative"). The Motions were filed in response to discovery requests served by Pietre M & G Marble and Granite, LLC and its parent, Marmaro and...
MEMORANDUM OPINION AND ORDER DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT (ECF NO. 15) AND SETTING PRETRIAL CONFERENCE MINDY A. MORA , Bankruptcy Judge . THIS MATTER came before the Court on May 1, 2019, upon Plaintiff's Motion for Summary Judgment and Memorandum of Law (the " Summary Judgment Motion ") (ECF No. 15) filed by Cartagena Group, LTD (" Cartagena ") and Homecrete Homes Inc. (" Homecrete ", and together with Cartagena, " Plaintiffs "), the response (ECF No. 41) ("...
OMNIBUS ORDER (I) GRANTING MOTIONS TO DISMISS [ECF NOS. 15, 18, 19 AND 20] FILED BY DEFENDANTS FLAGLER BANK, ANCHOR COMMERCIAL BANK, NEXTGEAR CAPITAL, INC., AND NORTH FLORIDA MANGO CREDIT, LLC AND (II) CANCELLING PRETRIAL CONFERENCE MINDY A. MORA , Bankruptcy Judge . THIS MATTER came before the Court upon the Motions to Dismiss Complaint [ECF Nos. 15, 18, 19 and 20] (the "Motions") filed by each of Flagler Bank, Anchor Commercial Bank, NextGear Capital, Inc., and North Florida Mango...
MEMORANDUM OPINION ON FEE APPLICATIONS LAUREL M. ISICOFF , Bankruptcy Judge . This cause came before the Court for hearing on January 29, 2019 (the "Fee Application Hearing"), upon the following fee applications: (i) the Final Application for Allowance and Payment of Compensation and Reimbursement of Expenses to Oppenheim Pilelsky, P.A. as Special Counsel to the Debtor (ECF #187) (the "Oppenheim Fee Application"), (ii) the Summary of Final Fee Application of Special Counsel For Chapter...
MEMORANDUM OPINION AND ORDER TERMINATING STAY RELIEF Mindy A. Mora , Judge , United States Bankruptcy Court. THIS MATTER came before the Court for hearing on June 18, 2019 at 11:00 a.m. (the " Hearing ") on the Motion for Relief From Order Granting Motion for Relief From Stay (ECF No. 159) (the " Motion ") filed by the above-captioned debtor (" Debtor ") and Creditors [sic] Opposition to Motion for Relief from Order Granting Motion for Relief From Stay (ECF No. 164) (the " Response ")...
MEMORANDUM OPINION AND ORDER TERMINATING STAY RELIEF Mindy A. Mora , Judge United States Bankruptcy Court . THIS MATTER came before the Court for hearing on June 18, 2019 at 11:00 a.m. (the " Hearing ") on the Motion for Relief From Order Granting Motion for Relief From Stay (ECF No. 154) (the " Motion ") filed by the above-captioned debtor (" Debtor ") and Creditors [sic] Opposition to Motion for Relief from Order Granting Motion for Relief From Stay (ECF No. 160) (the " Response ")...
ORDER GRANTING IN PART AND DENYING IN PART SUMMARY OF FEE APPLICATION OF VAN HORN LAW GROUP, P.A. LAUREL M. ISICOFF , Chief Bankruptcy Judge . This matter came before the Court on August 15, 2019 on Summary of Fee Application of Van Horn Law Group, P.A. (ECF #100) (the "Application"). The Court has considered the Application, the argument of counsel for the U.S. Trustee, the argument of the Chapter 7 Trustee, as well as argument of Van Horn Law Group, P.A. (the "Applicant"). Having...
ORDER ON THIRD-PARTY PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ON COUNT II OF THE THIRD-PARTY COMPLAINT AND ON THE THIRD-PARTY DEFENDANTS' COUNTERCLAIM Erik P. Kimball , Judge . This matter came before the Court upon Vero Beach Country Club, Inc.'s Motion for Summary Judgment on Count II of Its Third-Party Complaint and on the Millses' Counterclaim [ECF No. 43] (the "Motion for Summary Judgment") and the Affidavit of Timothy Straley [ECF No. 46] (the "Affidavit") filed by Vero Beach...
ORDER DENYING PIPER AIRCRAFT, INC.'S MOTION TO ENFORCE CHANNELING INJUNCTION Robert A. Mark , Judge . The Court confirmed a chapter 11 plan (the "Plan") in this case on July 11, 1995 [DE# 2201]. The Plan provided for the sale of substantially all of the assets of the Debtor ("Old Piper") to Piper Aircraft, Inc. ("New Piper"). The Plan included provisions protecting New Piper from successor liability that it might otherwise have been subjected to if sued by victims of post-confirmation...
MEMORANDUM DECISION ON DEFENDANTS' MOTIONS TO STAY AND PLAINTIFFS' MOTIONS TO REMAND Robert A. Mark , Judge . Johnson & Johnson and certain affiliated companies (collectively "J&J") are defending over 2,400 personal injury and wrongful death actions. The Plaintiffs claim that a talcum product sold by J&J contained asbestos which caused cancer, specifically mesothelioma or ovarian cancer. On February 13, 2019, Imerys Talc America, Inc., Imerys Talc Vermont, Inc., and Imerys Talc Canada,...
ORDER GRANTING MOTION TO DEEM CURRENT SECURED OBLIGATION Erik P. Kimball , Judge United States Bankruptcy Court . This matter came before the Court for hearing on February 11, 2019 upon the Motion to Deem Current Secured Obligation to Creditor Wells Fargo Bank, N.A. (POC# 7) [ECF No. 139] (the "Motion") filed by Coralee Edwards (the "Debtor") and the initial response thereto [ECF No. 145] filed by Wells Fargo Bank, N.A. ("Wells Fargo"). After the February 11, 2019 hearing, at the Court'...
Order Determining That Proceeding Supplementary Against Sylvia Baldini Is A Related To Matter That Must Be Treated As A Non-Core Proceeding Erik P. Kimball , Judge United States Bankruptcy Court On May 13, 2019, British American Insurance Company Limited, as plaintiff in the above-captioned adversary proceeding and judgment creditor, filed a motion asking this court to determine whether a proceeding supplementary, pursued against Sylvia Baldini, is a core matter subject to entry of final...
ORDER GRANTING PLAINTIFF'S RENEWED AND SUPPLEMENTAL MOTION FOR ATTORNEY'S FEES AS AN APPROPRIATE SANCTION FOR DEFENDANT'S CONDUCT THROUGHOUT THIS CASE [ECF 215] PURSUANT TO 28 U.S.C. 1927 John K. Olson , Judge United States Bankruptcy Court . THIS CASE came before the Court for a hearing on March 20, 2019, upon Howard Wizenberg's ("Plaintiff") Renewed and Supplemental Motion for Attorney's Fees as an Appropriate Sanction for Defendant's Conduct throughout Case (the "Renewed Motion...
ORDER ON MOTIONS FOR PARTIAL SUMMARY JUDGMENT ERIK P. KIMBALL , Bankruptcy Judge . In this Order, the Court rules on two substantively identical motions for partial summary judgment, as follows: (1) Plaintiff's Motion for Partial Summary Judgment [ECF No. 12; Adv. Proc. No. 18-01451], filed by Alliance BioEnergy Plus, Inc., the debtor in this chapter 11 case and the plaintiff in the above-captioned adversary proceeding (the "Debtor"); and (2) Debtor's Motion for Partial Summary...
ORDER ON MOTIONS FOR PARTIAL SUMMARY JUDGMENT Erik P. Kimball , Judge United States Bankruptcy Court . Nicole Testa Mehdipour, as chapter 7 trustee, filed this adversary proceeding against Joseph K. Rensin, the debtor in this case, seeking declaratory relief, objecting to exemptions, and seeking turnover of property. The Federal Trade Commission ("FTC") joined in the trustee's objections to the debtor's exemptions. ECF Nos. 70 and 164, Case No. 17-11834. The Court consolidated the...
