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M.D. Fla.·
2025-06-16
The court recommended that all further proceedings be stayed and the case administratively closed due to the defendant's bankruptcy.
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M.D. Fla.·
2025-02-19
The bankruptcy court correctly concluded that the Appellants' class action complaint violated the automatic stay by improperly seeking to exercise control over property of the estate and interfering with the Trustee's administration.
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11th Cir.·
2025-01-13
Alice Guan sued her homeowners association, Ellingsworth Residential Community Association, after the HOA filed for subchapter V bankruptcy to avoid paying her counterclaim for damages and attorney's fees. The Eleventh Circuit held that a not-for-profit homeowners association may
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S.D. Fla.·
2023-08-14
The court affirmed the Bankruptcy Court's order granting relief from the automatic stay and imposing a two-year filing bar, finding no abuse of discretion and dismissing the appeal.
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M.D. Fla.·
2023-07-28
The court held that the automatic stay imposed by a co-defendant's bankruptcy does not bar discovery from non-debtor individual defendants.
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M.D. Fla.·
2023-03-31
The district court affirmed the bankruptcy court's order denying the debtors' motion for sanctions, finding no abuse of discretion.
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S.D. Fla.·
2023-03-30
The court held that a landlord's obtaining a judgment for possession and a writ of possession does not terminate a commercial lease under Florida law, and therefore, such actions do not constitute cause to lift the automatic stay in bankruptcy.
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S.D. Fla.·
2023-03-20
The court granted the motion to transfer venue, finding it in the interest of justice and for the convenience of the parties.
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M.D. Fla.·
2022-09-06
The court held that the plaintiffs failed to establish good cause to reopen the case because their claims of coercion and duress regarding the settlement agreement were not supported by Florida law, and their motion improperly disclosed confidential mediation details.
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M.D. Fla.·
2022-08-05
The court affirmed the Bankruptcy Court's denial of disgorgement and sanctions, finding no abuse of discretion in its application of legal standards and factual findings.
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11th Cir.·
2022-07-18
Post-petition transfers, including those made under a § 503(b)(9) claim, do not reduce a creditor's new value defense under § 547(c)(4).
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M.D. Fla.·
2022-06-02
Proceedings against a defendant are stayed and administratively closed due to their pending bankruptcy petition.
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M.D. Fla.·
2021-08-16
The Court held that the automatic stay from Plaintiff's bankruptcy filing applies to Defendant's counterclaims but not to Plaintiff's claims.
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M.D. Fla.·
2021-01-28
The court held that the plaintiff's amended complaint was due to be dismissed with prejudice for multiple reasons, including frivolous claims, violation of the automatic stay, and bad faith litigation.
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S.D. Fla.·
2019-12-17
The court held that the action must be stayed as to all defendants due to the bankruptcy of one defendant and for judicial economy.
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254 So. 3d 535·
Fla. 3d DCA·
2018-05-30
In this appeal from a supplementary proceedings judgment, the Florida District Court of Appeal, Third District held that a trial court did not violate the federal bankruptcy automatic stay when it impleaded non-debtor third-party defendants (the owners and related entities of a d
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254 So. 3d 535·
Fla. 3d DCA·
2018-05-30
The automatic bankruptcy stay under 11 U.S.C. § 362 does not preclude a trial court from impleading non-debtor third parties into supplementary proceedings where the proceedings do not seek to void fraudulent transfers and the stay extends only to actions against the bankruptcy d
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229 So. 3d 404·
Fla. 3d DCA·
2017-08-02
The appellate court reviewed orders denying a mortgagor's statutory right of redemption after a foreclosure sale, affirming in part and reversing in part based on the redemption statute and procedural events.
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Del. Ch.·
2017-04-17
The court held that Counts II, IV, VI, and VII against the non-bankrupt defendants are direct claims and not subject to the automatic stay. Counts I and VIII may also be direct claims and can proceed. The court found it had jurisdiction to determine the applicability of the autom
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197 So. 3d 1214·
Fla. 1st DCA·
2016-07-25
Citibank appeals the denial of its motion to vacate a foreclosure summary judgment, dismiss the complaint, and dissolve a lis pendens. The court reversed, holding that the judgment was void because it was entered during the automatic stay imposed by the debtor's bankruptcy filing
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435 B.R. 732·
S.D. Fla.·
2010-06-30
The court held that the automatic bankruptcy stay does not apply to this action against non-debtor guarantors, and the personal undertaking is enforceable on demand without precondition, pending determination of actual sums expended.
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404 B.R. 942·
M.D. Fla.·
2008-07-15
The district court affirmed the bankruptcy court's order granting relief from the automatic stay to allow the Tax Court to proceed and denying the debtor's motion to determine tax liability, finding no abuse of discretion.
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19 Fla. L. Weekly Fed. B 191·
M.D. Fla.·
2006-03-27
The court held that the automatic stay termination provision of 11 U.S.C. § 362(h)(1) does not apply to corporate debtors, rendering the Trustee's motion unnecessary.
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312 B.R. 699·
M.D. Fla.·
2004-07-20
The court held that the plaintiffs failed to state a claim for relief and lacked standing for certain claims, but granted leave to amend the complaint.
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289 B.R. 778·
M.D. Fla.·
2002-11-27
The court held that the cancellation of a post-petition insurance policy does not violate the automatic stay because the policy is not property of the estate at the commencement of the case.
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228 B.R. 481·
S.D. Fla.·
1997-11-06
The appeal of the bankruptcy court's order granting relief from the automatic stay is dismissed as moot, and the bankruptcy court's order denying confirmation of the Chapter 13 plan and dismissing the case is affirmed.
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173 B.R. 432·
M.D. Fla.·
1994-10-24
The court affirmed the Bankruptcy Court's order granting adequate protection payments and dismissed the debtor's appeal as without merit.
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170 B.R. 716·
S.D. Fla.·
1994-07-26
The court affirmed in part and reversed in part the bankruptcy court's decision, compelling arbitration between Centec and IVR but not Fidelity, and affirming the denial of Centec's motion for relief from the automatic stay and the denial of rehearing.
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160 B.R. 391·
M.D. Fla.·
1993-11-09
The court held that O'Hara Moving & Storage, Inc. willfully violated the automatic stay by selling the debtor's household goods after receiving notice of her bankruptcy filing, and awarded actual damages and attorney fees.
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998 F.2d 756·
9th Cir.·
1993-07-16
The State of California cannot recover postpetition interest on prepetition unsecured taxes and is barred from recovering prepetition penalties because the estate's assets were exhausted before reaching the seventh priority class.
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997 F.2d 581·
9th Cir.·
1993-06-28
The court held that the DCCA's dissolution of Hillis Motors violated the automatic stay because Hillis' corporate property remained part of the bankruptcy estate post-confirmation.
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994 F.2d 42·
1st Cir.·
1993-06-03
The court held that the ex-wife's actions to attach property were not a willful violation of the automatic stay because it was reasonable for her to believe the property was not part of the bankruptcy estate, given the ambiguous ownership records.
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995 F.2d 32·
4th Cir.·
1993-06-01
The court held that a security interest taken by a bank in its own stock as collateral for a loan made simultaneously is void ab initio under Virginia law.
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993 F.2d 67·
5th Cir.·
1993-05-28
Reinscription of the notice of assignment was not necessary to preserve the Bank's right to the proceeds of the Owen receivable.
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153 B.R. 588·
M.D. Fla.·
1993-04-27
The bankruptcy court did not abuse its discretion or violate due process by lifting the automatic stay for the limited purpose of allowing a state court appeal to proceed, as the circumstances warranted an expedited hearing and the opposing party had notice and opportunity to be
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987 F.2d 154·
3d Cir.·
1993-01-22
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980 F.2d 1254·
9th Cir.·
1992-12-01
The FDIC's attachment lien was not a voidable preference and was properly allowed as a secured claim because it was perfected more than 90 days before the bankruptcy filing.
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976 F.2d 106·
2d Cir.·
1992-09-29
The court held that rents from property subject to a security interest are cash collateral under section 363 of the Bankruptcy Code, even if the security interest was not fully enforceable under state law prior to bankruptcy. It also held that the debtor's right to funds in an es
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975 F.2d 1022·
4th Cir.·
1992-09-16
The dissent argues that the reconveyance of accounts receivable does not allow the debtor-in-possession to use § 108(a) to extend the time period for recovering freight undercharges, as the claims were extinguished by the statute of limitations.
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974 F.2d 514·
4th Cir.·
1992-09-03
The bankruptcy court has jurisdiction to determine a debtor's tax liability even if a proceeding is pending in the Tax Court, especially when the stay has been lifted and the Tax Court has not adjudicated the issue.
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972 F.2d 214·
8th Cir.·
1992-08-05
The appeal is dismissed as moot because the underlying bankruptcy case was dismissed, rendering the issue of lifting the automatic stay irrelevant.
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965 F.2d 777·
9th Cir.·
1992-06-03
The court held that the bankruptcy court's procedure of presenting direct testimony via written declaration, subject to oral cross-examination, did not violate Federal Rule of Civil Procedure 43(a) or due process. The court affirmed the district court's judgment.
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960 F.2d 1242·
4th Cir.·
1992-03-30
The court held that a check mark in the 'TERMINATION' box on a financing statement form, when accompanied by specific language limiting the release to two items, should be interpreted as a partial release, not a complete termination of the security interest.
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946 F.2d 445·
6th Cir.·
1991-09-18
The court held that the bankruptcy court had jurisdiction over the non-core proceeding based on the parties' implied consent, and that Tennessee law did not automatically terminate the lease upon breach without affirmative action by the lessor.
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944 F.2d 199·
4th Cir.·
1991-09-16
A default judgment obtained against a debtor in bankruptcy is unenforceable against the bankruptcy estate if the bankruptcy trustee was not named as a party defendant.
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934 F.2d 1313·
4th Cir.·
1991-06-04
The court affirmed the district court's affirmation of bankruptcy court orders, finding no clear error or abuse of discretion in rulings on relief from stay, settlement of claims, sale of assets, and attorney's fees.
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934 F.2d 15·
2d Cir.·
1991-05-17
The court held that the hospital provided timely notice of the malpractice claim under the insurance policy, and therefore the insurer has a duty to defend and indemnify.
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934 F.2d 401·
2d Cir.·
1991-05-15
The court held that the bankruptcy court did not err in dismissing the Chapter 12 petition for unreasonable delay prejudicial to creditors, even if the dismissal was initiated by the court.
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930 F.2d 625·
8th Cir.·
1991-04-15
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919 F.2d 850·
3d Cir.·
1990-11-23
The court held that the bankruptcy and district courts erred in concluding that the creditor's security interest was of doubtful validity, requiring reversal and remand.