FLNB Opinions Feed - Judge Shulman Opinions

12-3026 | Shuaney Irrevocable Trust v. Beach Community Bank

Wed, 03 Jul 2013 00:00:00 -0400

Beach Community Bank was found to have a perfected security interest in revenue bonds as a result of its possession. Collateral estoppel was discussed in the order, but the Court ultimately found that collateral estoppel did not apply because the “critical and necessary” element was not present.

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12-3039 | Carter et al v. Bailey, Sr

Wed, 27 Mar 2013 00:00:00 -0400

Motion for Summary Judgment granted in favor of creditors under Section 523(a)(2)(A). Court invoked collateral estoppel because a state court found the debtor liable for breach of contract and violation of the Tennessee Consumer Protection Act.

Codes: 523(a)(2),

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11-3022 | Heckler et al v. LPS Default Solutions, Inc. et al

Mon, 03 Oct 2011 00:00:00 -0400

Plaintiffs brought a class action against Defendants on 10 counts, including: (i) Abuse of the Bankruptcy Process, (ii) Fraud on the Court, (iii) Declaratory and Injunctive Relief, (iv) Violation of the Automatic Stay, (v) Contempt of the Bankruptcy Code, (vi) Contempt of the Federal Rules of Bankruptcy Procedure, (vii) Breach of the Uniform Covenants,(viii) Unauthorized Practice of Law, (ix) Civil Conspiracy, and (x) Violation of 18 U.S.C. § 155. The Court dismissed the Complaint on all counts. The allegations based on substantive Bankruptcy Code and Rule violations depended on the Court finding a violation of Bankruptcy Rule 2016. The Court found the Rule was not violated because the Defendants did not seek property from the estate.

Codes: 1306, 1327(b),

Rules: 2016,

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05-35012 | Star Broadcasting Inc

Fri, 20 Jan 2006 00:00:00 -0500

(1) cause existed for granting stay relief; (2) company could not be adequately protected with respect to its interest in estate property arising from its right to buy radio station assets unless allowed to proceed with its prepetition action; and (3) dismissal of case was not warranted. 336 B.R. 825

Codes: ,

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02-80066 | C. DAVID BUTLER v. TRAN et al

Fri, 22 Aug 2003 00:00:00 -0400

(1) debtors who, despite substantial prepetition expenditures, had disclosed annual income of only $13,000, and who also indicated that they “d[id] not remember” receiving any income except as compensation through employment, and that no records existed from which to ascertain their financial condition or business transactions in years leading up to their bankruptcy filing, would be denied discharge based on their failure to keep or preserve adequate financial records; and (2) debtors would also be denied discharge based on their failure to “satisfactorily” explain loss of assets. 297 B.R. 817

Codes: , ,

WESTLAW