Case law

Gateway Radiology Consultants P.A. v. Carranza, in Her Capacity as Admin fo the U.S. Sma

United States Bankruptcy Court, M.D. Florida · Jun 8, 2020

body of law as its body of precedent, and if so, effective as of its coming into existence, what established body of law will be chosen. … Even though the Affordable Care Act limited tax credits to insurance plans bought through an exchange “established by the state,” the IRS interpreted “an exchange established by the state” to mean an exchange established

Jaspup Property Holdings, LLC v. Lekhraj

United States Bankruptcy Court, M.D. Florida · Mar 29, 2024

The disclosures were clearly required. … “Debtor financed vehicle in her name because daughter had not established credit. Daughter has made all payments.

In Re Proud Mary Marina Corp.

338 B.R. 114 · United States Bankruptcy Court, M.D. Florida · Jan 19, 2006

case, and that also conclusively establishes the amount of all other claims asserted against the estate. … The reason for the Bank’s continued willingness, according to Turner, was that the borrowers and guarantors were well-qualified for the loan.

Henkel v. Lickman (In Re Lickman)

297 B.R. 162 · United States Bankruptcy Court, M.D. Florida · Jul 25, 2003

“There is no personal immunity for acts that are ‘ultra vires’ or outside the scope of the trustee’s duties.” Id. … The motion states that the “Debtor clearly objected to being left without counsel.”

In Re Evergreen Security, Ltd.

384 B.R. 882 · United States Bankruptcy Court, M.D. Florida · Jan 2, 2008

Shuker clearly felt empowered to threaten incarceration and the filing of Bar grievances notwithstanding the clear ethical impropriety of such actions. … The Respondents did not establish a judicial complaint had been filed.

Commercial Express, Inc.

United States Bankruptcy Court, M.D. Florida · May 22, 2025

Is Purdue “clearly on point” and “clearly contrary” to Munford? … Ed. 2d 721 (stating the Court does not “express a view on what qualifies as a consensual release . . . .”).

Advanced Telecommunications Network, Inc. v. Allen (In Re Advanced Telecommunications Network, Inc.)

321 B.R. 308 · United States Bankruptcy Court, M.D. Florida · Feb 18, 2005

The company’s assets were not clearly impaired, and no one could have reasonably estimated the amount of the loss at that time. … As such, ATN's forgiveness of the Allens' shareholder loans also would qualify as a direct transfer from ATN to the Allens. 27 .

Kapila v. SunTrust Mortgage, Inc. (In re Pearlman)

515 B.R. 887 · United States Bankruptcy Court, M.D. Florida · Sep 26, 2014

Because the transfers clearly are avoidable under constructive fraud theories, the Court declines to reach the factual issues raised in the actual fraud counts, although such actual fraud likely occurred given Crudele’s close … In ruling that BDL, not the IRS, was the initial transferee, I held that the IRS was qualified as a subsequent transferee and entitled to § 550(b)’s defense. 77 Because Moore was a principal of both the debtor and BDL, after

Nilhan Financial, LLC

United States Bankruptcy Court, M.D. Florida · Jun 30, 2023

The Court, however, finds that Florida law clearly applies. … Townsend “is not particularly relevant,” and that his testimony “was only to establish the amount of the debt.”’ (Doc. 932, Tr. p. 257). personal between C. Thakkar and Mr.

Jotan Inc. v. Barnett (In Re Jotan Inc.)

229 B.R. 218 · United States Bankruptcy Court, M.D. Florida · Nov 25, 1998

In this Circuit, “[a] preliminary injunction is an extraordinary and drastic remedy not to be granted unless the movant clearly established the ‘burden of persuasion’ ” as to the four requisites. McDonald’s Corp. v. … Only business signed after employment date, qualifies for bonus.

Webber Commercial Properties LLC v. Jeffries

United States Bankruptcy Court, M.D. Florida · Jun 26, 2023

To qualify as exempt entireties property in Florida, the property must satisfy the unities of marriage, possession, interest, title, and time, with a right of survivorship.74 Florida common law establishes a … The record does not clearly show whether the source of the Pool Funds was the Synovus Funds or the SunTrust Funds, or both.

Herrera-Edwards v. Moore (In re Herrera-Edwards)

524 B.R. 845 · United States Bankruptcy Court, M.D. Florida · Jan 29, 2015

In this proceeding, the elements for a claim of unjust enrichment are easily established. After ASCAP’s release to Mr. … No. 53), Moore points to a statement made in Herrera-Edwards' trial brief, that Moore “is clearly not a professional.” (Doc. No. 28 at 25).

Donald J. Schroeder and Deirdre C. Schroeder

United States Bankruptcy Court, M.D. Florida · Dec 1, 2021

Right of First Refusal and (II) to Establish a Bar Date for any Rejection Damage Claims (the “Motion to Reject”). (Doc. 32). … “Artificial” impairment occurs when a plan imposes an insignificant or de minimis impairment on a class of claims to qualify those claims as impaired under § 1124.” Combustion Eng'g, 391 F.3d at 243.

Eagleford Recycling Services, LLC

United States Bankruptcy Court, M.D. Florida · Aug 3, 2023

PetroSwift does not dispute that DRP had the right to withhold payment under the TPP Act if there had been a good-faith dispute over its work.32 But, according to PetroSwift, “it would clearly not be sufficient evidence … Nichamoff, 868 F.3d 371, 374 (5th Cir. 2017) (“When deciding whether to apply a state-law immunity, we are ‘bound to answer the question the way the state’s highest court would resolve the issue.’”) (quoting Troice v.

In Re Lykes Bros. Steamship Co.

233 B.R. 497 · United States Bankruptcy Court, M.D. Florida · Jul 17, 1997

Webber’s testimony also established that the Purchaser is a United States documentation citizen. Mr. … It is further ORDERED, ADJUDGED, AND DECREED that, notwithstanding anything else contained in this Confirmation Order, the Purchaser is and shall be deemed to constitute a qualified transferee under the novation agreement

William Joseph Namen, II

United States Bankruptcy Court, M.D. Florida · Apr 5, 2023

In balancing the risk of liability for a garnishee, the Florida Legislature “has provided immunity for any garnishee acting in good faith.” Arnold, 982 So. 2d at 632. … The instant case is clearly distinguishable from Fulton because the continued post-petition garnishments materially altered the status quo.

Seawalk Investments, LLC

United States Bankruptcy Court, M.D. Florida · Jan 16, 2025

attempts at protecting its interest in the [p]roperty, which are within the scope of the Loan Documents.”142 The Court further noted that while the mortgage at issue defined attorney’s fees broadly, it also included the qualifying … In general, a clearly oversecured creditor with virtually no risk such as Sky would have little to do for general case administration.

In re: Bravo Brio Restaurants, LLC, et al.

United States Bankruptcy Court, M.D. Florida · Mar 31, 2026

ConAgra, Inc., 889 A.2d 954, 961 (Del. 2005) (“Specific language in a contract controls over general language, and where specific and general provisions conflict, the specific provision ordinarily qualifies the meaning … Here, all classes under the Plan are impaired and except for inKind, all voting claim holders within those impaired classes voted in favor of the Plan.59 Debtors clearly meet this burden under a per plan analysis.

Nutrien AG Solutions, Inc. formerly know as Crop P v. Benny F. Hall, Sr. Individually and Doing Business

United States Bankruptcy Court, M.D. Florida · Jul 17, 2025

otherwise qualified as business expenses and only tangentially benefitted the Halls personally.200 Based on the Court’s finding in Count I, the Court will likewise deny Count V. VII. … As discussed below, Nutrien did not establish any of the remaining three criteria for successor liability.