Miami, FL
Foreclosure Lawyer at Miami, FL
Practice Areas: Foreclosure, Chapter 7 Bankruptcy ... +2 more
OUTCOME: The Court orders that the Plaintiffs Motion is denied in full and the Defendant’s Cross Motion is granted in full.
Chapter 7 trustee brought adversary proceeding, asserting claims to avoid and recover alleged fraudulent transfer. Trustee moved for partial summary judgment and transferee cross-moved for summary jud ... gment.
OUTCOME: The Debtor’s motion to reopen the case and redeem is proper. Therefore, it is ordered that Debtor may reopen and redeem the Toyota Camry. The Debtor may not attempt to redeem the value the Debtor attributed to the Toyota in October 2003 of $5,000.00.
This matter came before the Court on the Motion by Debtor Juliet Bright to re-open her case and redeem collateral of Tropical Financial Credit Union claimed as exempt. The debtor listed the 2000 Toyot ... a Camry in the original petition with a value of $6,490.00 as of April 14, 2003.
OUTCOME: CitiFinancial’s Motion for Summary Judgment will be denied and the Court will set a further hearing to determine the scope of proceedings necessary to determine the sufficiency of service and notice.
Chapter 13 debtor moved to strip off junior homestead mortgage based on zero valuation placed on mortgagee’s secured claim in debtor’s confirmed plan, and mortgagee moved for relief from order confirmi ... ng plan.
OUTCOME: The prior Confirmation Order stripping off MERS mortgage is not entitled to res judicata effect in this case. Debtor’s Objection to MERS’ Proof of Claim is overruled, and MERS’ Objection to Confirmation is sustained.
Chapter 13 debtor objected to proof of secured claim filed by junior mortgagee (MERS’: Mortgage Electronic Registration Systems, Inc.), on ground that lien securing mortgagee’s claim had been stripped ... off by order confirming plan proposed by debtor in previous Chapter 13 case, and mortgagee objected to confirmation of plan proposed by debtor to current case.
OUTCOME: The Court finds, as a matter of law, in a Chapter 13 case, the Debtors are permitted to "strip off" a completely unsecured mortgage encumbering their principal residence.
The Debtors owned homestead real estate worth $48,680.00. The Property was encumbered by three mortgages. The first mortgage had a balance of $60,300. A second mortgage was approximately $20,733.80 and ... is completely unsecured. The third mortgage has a balance of approximately $21,841.42 and likewise completely unsecured according to the Debtors. Since the value of the Property secures only the first mortgage, the Debtors sought to "strip off" the second and third mortgage.
OUTCOME: The TBE Property is not exempt under Statute 522(b)(2)(B) of the Bankruptcy Code to the extent of the joint secured debt and the $378.00 joint unsecured Burdines debt.
Chapter 7 trustee filed renewed objections to claimed exemption in property held by debtor and his non-debtor spouse as tenants by the entirety. The Bankruptcy Court, Robert A. Mark, J., held that: (1 ... ) trustee could not seek to administer entireties property if only joint debt of debtor and non-debtor or spouse was secured debt against the property; (2) joint debt did not have to be reduced to judgment to subject entireties property to administration by trustee; (3) while trustee could administer entireties property to extent of debtor’s and non-debtor spouse’s joint debt, any excess proceeds from property’s liquidation remained exempt; and (4) once nonexempt entireties property was liquidated, proceeds were available only to joint creditors and debtor and non-debtor spouse, and were not shared pro rata with debtor’s individual creditors.
OUTCOME: While Mrs. Ensenat’s niece, son and boyfriend may not qualify as the Debtors’ “family” for purposes of the Florida homestead exemption, the Debtors, nonetheless are entitled to claim the homestead exemption for the entire residence
This matter came before the Court on March 26, 2007 on Trustee’s Objection to Claimed Exemption and Motion to Compel Turnover filed by Marcia Dunn, the Chapter 7 Trustee in the case. The Trustee chall ... enges the Debtors’ entitlement to a homestead exemption on a partially detached unit on their property. The Trustee’s objection alleged the residence was a duplex, but at the trial acknowledged that there were actually two separate structures, joined by a roofed patio. Through the years the Ensenats have allowed family members emigrating from Cuba to live in the second building. The Debtors never rented the second building. The second building was occupied at the time by Mrs. Ensenat’s niece, the niece’s young son and the niece’s boyfriend. In the case the Trustee argues that, although the Debtor has not previously rented the separate building, and is not presently renting the separate building, because the building could be rented, the homestead protection should not be afforded to the separate building.
OUTCOME: The Court determines that “age and condition,” be used in determining the ultimate replacement value. Thus, the Court will use the retail repair value for its deduction.
This matter came before the Court for evidentiary hearing on February 22, 2007, on the Debtor’s Motion to Redeem Collateral and the Response of Ford Motor Credit Company (FMCC). The debtor entered int ... o a retail purchase agreement for a 2005 Ford Focus. FMCC holds a valid lien on the car. The car, in its current state, is not in retail condition and requires extensive repairs and maintenance. Prior to the changes made by BAPCPA (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005), case law in the Eleventh Circuit supported the position that the value was the wholesale value on the date of the hearing.
OUTCOME: Ordered and adjudged that the UST’s Motion is denied.
United States Trustee (UST) moved to dismiss debtor’s Chapter 7 case, as presumptively abuse under properly performed “means test” calculation. Specifically, the UST objected the “means test” calculat ... ion performed by the debtor, on ground that the debtor had improperly deducted vehicle lease payments on a motor vehicle that she intended to, and actually did, surrender.
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