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“Because the purpose of bankruptcy is to provide honest but unfortunate debtors a fresh start, “objections to discharge are to be strictly construed against the creditor and liberally in favor of the debtor.” Menotte v. Davis (In re Davis), 363…
Read More“Pursuant to section 1327(a) and consistent with Espinosa, Wells Fargo is bound by the terms of the 6MP, even though the 6MP violates the anti-modification provision of section 1322(b)(2). In re Passavant, 444 B.R. 378, 385 (Bankr. S.D. Ohio 2010)…
Read More“The Bankruptcy Code outlines a strict framework for the retention and compensation of estate professionals. Estate professionals must be retained in accordance with 11 U.S.C. §327, which requires, generally, that the estate professional must be “disinterested,” meaning the professional “is…
Read More“Charging liens are a creation of state law and thus the Court looks to Florida law to resolve these issues. To impose a charging lien, an attorney must establish four required elements: (1) an express or implied contract between attorney…
Read MoreThe Eleventh Circuit never ruled that the trustee must establish avoidability of a transfer as part of a recovery suit if the transfer has already been avoided. “Nor, does the Court think, would it ever. First, the language of section…
Read MoreCreditors need to review all of the debtor’s proposed Chapter 13 plans since it will trump even explicit prohibitions in the Bankruptcy Code to noticed parties. Under the circumstances, the Bankruptcy Court here in the Southern District of Florida West…
Read MoreThe Court found that there is nothing in the hanging paragraph of section 1325(a) that would lead it to conclude that the existence of a cross-collateralization clause in the security agreement between the debtors and the credit union GECU renders…
Read More“Under Florida law, common law indemnity allows an innocent party, who is nonetheless liable to another, to “[shift] the entire loss from one who, although without active negligence or fault, has been obligated to pay, because of some vicarious, constructive,…
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