Archive for April 2019

Pursuant to the Southern District of Florida Local Bankruptcy Rules 4004-2(B) and 4007-1(B), if a case is dismissed prior to the expiration of the deadline for objecting to discharge and dischargeability and then subsequently reinstated, the new deadline for filing objections to discharge and dischargeability shall be 60 days after either the rescheduled §341 meeting…

“The Supreme Court recently ruled that the fraud provision of section 523(a)(2)(A) does not require an explicit misrepresentation, but may arise from circumstances designed by a debtor to deceive a creditor and that are connected to the resulting debt. Husky Int’l Elecs., Inc. v. Ritz, 136 S. Ct. 1581, 1590, 194 L. Ed. 2d 655,…

ABSOLUTE RIGHT TO DISMISS A CHAPTER 13 PER JUDGE KIMBALL In re: Case No. 18-25207-EPK ANNE-LAURE MARGUERITE MICHELIS, Chapter 13 , “The Court rules that a chapter 13 debtor’s right to voluntarily dismiss the case under section 1307(b) is absolute, even in the face of allegations of bad faith. The Court expressly adopts in full…

In January 2019, the bankruptcy court in In re: ERIK MARTINEZ found that the homestead exemption was lost since the Debtor rented his home for approximately 2 and a half years prior to filing bankruptcy. Despite the requirement to liberally interpret the exemption in favor of the Debtor and the fact that the Debtor was…