Case law

In Re Lisowski

395 B.R. 771 · United States Bankruptcy Court, M.D. Florida · Sep 23, 2008

In Florida’s Constitution of 1868, for the first time, the exemption of the homestead from forced sale was established. … Clearly, the statute adopted in 1869 would not have been necessary if the Constitution of 1868 included an exemption for homesteads located on leased land.

In Re Star Trust

237 B.R. 827 · United States Bankruptcy Court, M.D. Florida · Feb 18, 1999

The Court concludes that the trusts qualify as business trusts for relief under Chapter 11. *833 2. Bad faith. … While such a reserve may not preclude the Bank from employing the assets against which the reserve is established, the reserve is a liability on the books of the Bank and when established was a decrease in earnings.

Matter of Hamlin's Landing Joint Venture

77 B.R. 916 · United States Bankruptcy Court, M.D. Florida · Sep 8, 1987

This being the case, it is clear that the rents and profits derived from the, operation of the project do not qualify to be “cash collateral” simply because before “cash collateral” comes into play there must be cash or the … However, despite these fundamental principles of banking law, § 363 of the Bankruptcy Code clearly provides that “deposit accounts,” which would include a general operating account, constitute cash collateral.

Jensen v. Pen Air Conditioning, Inc. (In re Winsco Builders, Inc.)

156 B.R. 98 · United States Bankruptcy Court, M.D. Florida · Jul 12, 1993

Since all operating elements of the remaining four checks are without dispute, the Trustee should prevail on those checks unless the exception set forth in § 547(c) claimed by the Defendant qualifies as a valid exception. … There is hardly any doubt that the owners of the two projects clearly “earmarked” the funds for the specific purpose of paying the Defendant for the material delivered and used on the two projects.

Jensen v. Montemoino (In re Montemoino)

491 B.R. 580 · United States Bankruptcy Court, M.D. Florida · Apr 30, 2012

“When only one spouse pursues the bankruptcy route, individual claims against him do not vitiate the immunity of the entireties estate.” … Under Florida law, property that is owned in the tenancy by entireties form is immune from execution by creditors of a single spouse.

Electric MacHinery Enterprises, Inc. v. Hunt Construction Group, Inc. (In Re Electric MacHinery Enterprises, Inc.)

416 B.R. 801 · United States Bankruptcy Court, M.D. Florida · Aug 28, 2009

The evidence before the Court clearly established that trade stacking occurred on the Project. … However, while a formal proof of claim clearly qualifies as a “claim against the estate,” several courts have considered whether other filings by a creditor may also so qualify.

American Investment Bank, N.A. v. Klag (In re Klag)

112 B.R. 456 · United States Bankruptcy Court, M.D. Florida · Mar 23, 1990

Ordinarily, the Bank will loan up to $50,000 to qualified applicants on an unsecured basis, with a renewal possibility. Repayment of these loans is scheduled between six and sixty months. … The Code itself is silent as to the burden of proof necessary to establish an exception to the discharge under § 523(a).

In Re Bennett

395 B.R. 781 · United States Bankruptcy Court, M.D. Florida · Oct 8, 2008

The benefits specifically provided by the Florida constitutional Homestead Exemption are clearly defined under Florida law. 1. … As the record clearly shows, these Debtors do not claim the Homestead Exemption on their Schedule Cs.

In Re Alstad

265 B.R. 488 · United States Bankruptcy Court, M.D. Florida · Jul 31, 2001

Clearly if the goodwill did not exist, the covenant not to compete would be unnecessary. … Additionally, the territorial restriction is valid since it covers an area where Terminix intends to establish its business.

United States Ex Rel. George Schumann Tire & Battery Co. v. Grant (In Re George Schumann Tire & Battery Co.)

145 B.R. 104 · United States Bankruptcy Court, M.D. Florida · Sep 10, 1992

Grant properly qualified by furnishing a performance bond issued initially by Fireman’s Insurance Company of Newark, N.J. in the penal sum of $100,000.00 in favor of the Government. … Trustee which by operation of law assumed the responsibility of establishing a panel of private trustees pursuant to 28 U.S.C. § 586 (a)(1).

In Re Manhattan Industries, Inc.

224 B.R. 195 · United States Bankruptcy Court, M.D. Florida · Dec 18, 1997

Clearly my clients believes there may be other claims that this entity has that could be administered by a trustee to recover for the benefit of these creditors, (Final Hearing Tr. at 52). … A bona fide dispute exists as to the Florida default judgment and the validity of MBC qualifying to file for involuntary relief.

In Re Davis

403 B.R. 914 · United States Bankruptcy Court, M.D. Florida · Apr 22, 2009

Under Illinois law, a retirement plan is exempt if it is “intended in good faith to qualify” under the relevant provisions of the Internal Revenue Code. 735 Ill. Comp. Stat. 5/12-1006 (West 2009). … The first two elements are clearly met in this case.

Hillsborough Holdings Corp. v. United States (In Re Hillsborough Holdings Corp.)

346 B.R. 877 · United States Bankruptcy Court, M.D. Florida · Jun 16, 2006

In Pan American the fi *881 nancial statements attached to the return clearly showed the glaring inconsistency with the claim asserted by Pan American. … The Debtors did not provide the IRS with adequate disclosure of the DISC issue by filing their return, which on its face did not establish the Debtors’ entitlement to qualify for DISC.

Cadlerock Joint Venture L.P. v. Herendeen

531 B.R. 869 · United States Bankruptcy Court, M.D. Florida · May 18, 2015

Trustee and Counsel are immune from suit; 4. the claims are collaterally estopped; and 5. Creditor failed to establish a prima facie case of any of its claims. … Pendergraft, 297 F.3d 1198, 1205 (11th Cir.2002) (asserting that malicious prosecution does not qualify as a predicate act necessary to prove a civil RICO violation).

Abbott v. Arch Wood Protection, Inc. (In re Wood Treaters, LLC)

491 B.R. 591 · United States Bankruptcy Court, M.D. Florida · Apr 22, 2013

Edelman is a certified public accountant, and was qualified as an expert in the fields of forensic accounting and business valuation. (Transcript, pp. 17, 20). … And again, as I’ve stated, I think I’ve clearly stated the broad assumptions in the manner that I’ve prepared my report. But I’m happy to— Q: Okay. A: If we want to go through these 60 items, I’m happy to do that.

In Re Mahan

373 B.R. 177 · United States Bankruptcy Court, M.D. Florida · Jul 19, 2007

The Court finds that the holdings of the preceding cases are predicated upon the qualifying language contained in each of the relevant releases. … The Mahans are clearly insiders. The Court finds that the Trustee satisfied his initial burden of presenting material evidence of unfair conduct.

In Re A.B.C. Fabrics of Tampa, Inc.

259 B.R. 759 · United States Bankruptcy Court, M.D. Florida · Feb 8, 2001

Employed by the Employer on a permanent full-time basis for at least the Qualifying Hours per week as set forth in the Schedule of benefits. 2. … This Court cannot conclude that a plan does not qualify under § 507(a)(4) simply because it is inefficiently managed.

K & K Insurance Group, Inc. v. Houston (In Re Houston)

305 B.R. 111 · United States Bankruptcy Court, M.D. Florida · Sep 22, 2003

It is well-established that collateral estoppel applies only to those issues that were actually or fully litigated in the prior proceeding. … “The requirement that an issue be ‘actually litigated’ to qualify for collateral estoppel does not imply that preclusion is available only for those issues established after a full evidentiary and adversarial trial.”

Celotex Corp. v. Allstate Insurance (In Re Celotex Corp.)

289 B.R. 460 · United States Bankruptcy Court, M.D. Florida · Feb 10, 2003

Th[is] section disallows a contingent claim for “contribution,” a concept clearly associated with the law of torts. … Such reserve account, if established, shall be disbursed only upon order of this Court. 4.

In Re Lickman

273 B.R. 691 · United States Bankruptcy Court, M.D. Florida · Feb 21, 2002

As a consequence, the trustee was required to litigate with the debtor in the bankruptcy court to establish the trustee’s clearly superior rights — at great expense to the estate. … Fourth, the total amount of attorney’s fees incurred is clearly unreasonable in relation to the services provided — securing a bond required by statute.