Case law

In Re Conner

172 B.R. 119 · United States Bankruptcy Court, M.D. Florida · Aug 15, 1994

However, this principle cannot change the law which requires an annuity contract to qualify for the section 222.14 exemption. … If all that is required to establish an annuity contract is a stream of payments over time, all installment contracts would qualify as an annuity and that is clearly not what the McCollam decision requires.

In Re Russell

60 B.R. 190 · United States Bankruptcy Court, M.D. Florida · Apr 9, 1986

Thus, it is clear that the Saltwater property qualified as her homestead and was therefore immune from the Bank’s judgment lien, unless it was not really properly claimed as homestead for other reasons or the Saltwater property … Therefore, clearly absent a showing that she did not intend to establish the Saltwater property as her homestead and that she effectively abandoned the same as her homestead, her exemption claim must be sustained.

Exchange Bank of Polk County v. Christian (In Re Christian)

8 B.R. 816 · United States Bankruptcy Court, M.D. Florida · Jan 20, 1981

extent and if he can qualify under several, he is protected by each to the ex *819 tent he can qualify under each. … Accordingly, this Sub-clause furnishes no solace to the Bank and the Bank’s lien is not immunized from the Trustee’s attack under § 547 as a preferential transfer.

In Re Polygraphex Systems, Inc.

275 B.R. 408 · United States Bankruptcy Court, M.D. Florida · Mar 25, 2002

Olson, 84 F.3d 1402 (11th Cir.1996) (tax collector has qualified immunity); Parrish v. Nikolits, 86 F.3d 1088 (11th Cir.1996) (property appraiser has qualified immunity). … to either the defense of qualified immunity or sovereign immunity since it cannot be sued in the individual capacity and it is not a state.

In re Lesh

159 B.R. 982 · United States Bankruptcy Court, M.D. Florida · Oct 15, 1993

This Order was never appealed and became the final determination of the Debtor’s right to immunize his interest in the Plan from administration by the Trustee. … Subclause (a) deals with “clerical mistakes” which subclause is clearly not applicable in the present instance.

In Re Garrett

158 B.R. 859 · United States Bankruptcy Court, M.D. Florida · Aug 31, 1993

was not clearly foreshadowed. … Thus Patterson clearly did not overrule clear precedent but merely resolved a conflict between the Circuits. Neither did it decide a matter of first impression whose resolution was clearly foreshadowed.

In Re Amici

99 B.R. 100 · United States Bankruptcy Court, M.D. Florida · Apr 25, 1989

It is conceded that none of the real properties qualify for exemption as homestead. In addition, the Debtor also claimed as exempt personal property valued at $19,452.20. … Article X, § 4 of the Florida Constitution exempts property which qualifies to be a homestead of a claimant and Fla.

Henkel v. Lickman (In Re Lickman)

304 B.R. 897 · United States Bankruptcy Court, M.D. Florida · Feb 6, 2004

Dept. of Agriculture, 815 F.2d 368, 382-83 (5th Cir.1987)(“the Supreme Court noted that the protection afforded government officials by the doctrines of absolute and qualified immunity would be greatly depreciated if it did … Clearly, both Thompson and Shepherd were employed as his staff at the relevant time. 4 .

Moulton v. United States (In Re Moulton)

195 B.R. 954 · United States Bankruptcy Court, M.D. Florida · Mar 19, 1996

Clearly, if EAJA applies to litigation, no fines or sanctions can even be considered as the amended version of § 106, which waived the sovereign immunity and authorized the Court to “issue against. a governmental unit an … Clearly this special factor is merely illustrative and not the only one which a court may consider if further fee enhancement is warranted.

Tambay Trustee, Inc. v. Florida Progress Corp. (In re Lawson)

67 B.R. 94 · United States Bankruptcy Court, M.D. Florida · Nov 6, 1986

it is evident that the “ipso facto” clause is of no effect, and presents no obstacles to the Trustee’s right to the Debtor’s shares provided, of course, that the shares are “properties of the estate” and not excluded and immunized … It follows that the next inquiry must be addressed to the issue of whether the ESOP and the Trust established under it would qualify as a spendthrift trust under Florida law and thus be excepted from the estate pursuant to

In Re Fernandez

236 B.R. 483 · United States Bankruptcy Court, M.D. Florida · Jun 30, 1999

Basically, these are the relevant facts established at the final evidentiary hearing. … However, it is equally true that it is for this Court to decide whether the Debtor’s Plans, while facially ERISA qualified, lost the immunity from administration granted by Section 541(c)(2) because of the manner the Plans

In Re Morrow

122 B.R. 151 · United States Bankruptcy Court, M.D. Florida · Dec 11, 1990

of debtors in ERISA-qualified profit-sharing and pension plans are excluded from property of the estate. … Clearly, contributions made to an ERISA plan are not akin to wages deposited for savings or everyday living expenses in a bank account. Therefore, this Court is satisfied that the Debt- or’s argument that Mrs.

Matter of Lawson

67 B.R. 94 · United States Bankruptcy Court, M.D. Florida · Nov 6, 1986

it is evident that the "ipso facto" clause is of no effect, and presents no obstacles to the Trustee's right to the Debtor's shares provided, of course, that the shares are "properties of the estate" and not excluded and immunized … It follows that the next inquiry must be addressed to the issue of whether the ESOP and the Trust established under it would qualify as a spendthrift trust under Florida law and thus be excepted from the estate pursuant to

In Re Omine

329 B.R. 343 · United States Bankruptcy Court, M.D. Florida · Aug 26, 2005

Weatherford, and Sam Pennington, currently an attorney with the Chapter 13 trustee’s office and a debtor’s attorney prior to taking that position, were qualified as expert witnesses. Both Ms. Weatherford and Mr. … The notice clearly was sent in violation of the automatic stay and again threatens various actions the Florida DOR intended to take against the debtor, including incarceration, garnishment, and revoking his drivers’ license

RMS Titanic, Inc. v. French Republic (In re RMS Titanic, Inc.)

569 B.R. 825 · United States Bankruptcy Court, M.D. Florida · Apr 25, 2017

In fact, it is a well-established principle of statutory construction that Congress may abrogate a sovereign’s immunity by enacting a statute that clearly establishes the abrogation. State of Florida v. … Within its text, the document does not expressly award unconditional title of the Artifacts to the Debtor’s predecessor, and the record does not clearly evidence the legal effect of the document or the nature of the interest

In Re Harrison

236 B.R. 784 · United States Bankruptcy Court, M.D. Florida · Mar 12, 1999

In sum, this record lacks sufficient clarity to permit a conclusion that, pursuant to Orange Brevard Plumbing and Beebe , the sale proceeds yet to be received — if any— will or will not retain their homestead immunity. … on debtors’ daughter’s testimony that she was searching for a new home for the debtors to purchase, thus precluding summary judgment for creditor in debtors’ declaratory action brought to determine if the sale proceeds qualified

In Re Harris

188 B.R. 444 · United States Bankruptcy Court, M.D. Florida · Sep 27, 1995

Under the established federal legal system, the decisions of one Circuit are not binding on other Circuits. … The Supreme Court did not specify what elements must be established to determine whether or not a Plan is an ERISA-qualified Plan.

Royal Insurance v. P.S.I. Agency, Inc. (In Re Clearwater Bay Marine Service, Inc.)

236 B.R. 285 · United States Bankruptcy Court, M.D. Florida · Jun 23, 1999

Before considering whether, based on these facts, Royal established a viable claim based on the alleged negligence of the Trustee, it is necessary to consider at the outset whether the doctrine of derived judicial immunity … Clearly, it was the Trustee’s duty to ensure that the premises were secure.

Matter of Southern Biotech, Inc.

37 B.R. 311 · United States Bankruptcy Court, M.D. Florida · Nov 30, 1983

Each inmate who qualified to participate in the pheresis program was entitled to an additional $1 if he voluntarily consented to receive immunizations or vaccinations, which are permitted to be performed by the FDA regulations … There is no hard evidence which clearly establishes the means of transmittal of this dreadful disease, although inferences based on statistics indicate that AIDS may be transmitted by blood.

Inst. of Cardiovascular Excellence, PLLC v. Fla. Agency for Health Care Admin. (In re Inst. of Cardiovascular Excellence, PLLC)

589 B.R. 204 · United States Bankruptcy Court, M.D. Florida · Feb 9, 2018

non-immunized § 542 turnover claim. … "Consequently, the determination of whether a claim qualifies as a turnover proceeding turns on whether [the] complaint alleges the existence of a mature debt."