Legal Opinion
Toranto Ex Rel. Rhonda Rubin Toranto Irrevocable Trust v. Dzikowski
District Court, S.D. Florida
Decided December 17, 2007No. 07-80882-CIVPublishedCited by 7 opinions
1Opinion of the Court
Order Vacating Bankruptcy Court’s Judgment and Closing Case
ADALBERTO JORDAN, District Judge.
The main question presented in this bankruptcy appeal is whether a judgment lien that is perfected and valid under Florida law at the time the debtor files for bankruptcy can lapse post-petition if the creditor fails to renew and/or extend the lien under Florida law. In my view, the answer to that question is an emphatic no. Accordingly, the bankruptcy court’s summary judgment and final judgment in favor of the bankruptcy trustee, Patricia Dzikowksi, are vacated.
I. Facts and Procedural History
The…
2Cases cited21 opinions
- Isaacs v. Hobbs Tie & Timber Co.Supreme Court of the United States · 1931
- McKenzie v. Irving Trust Co.Supreme Court of the United States · 1945
- Ex Parte City BankSupreme Court of the United States · 1844
- Lockhart v. Garden City Bank & Trust Co.Court of Appeals for the Second Circuit · 1940
- In Re: Optical Technologies, Inc., Debtor. Delaine Gray, as Distribution Trustee for the Consolidated Debtors, Plaintiff v. Raymond Manklow, Jean Francois VincensCourt of Appeals for the Eleventh Circuit · 2001
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3Cited by7 opinions
- Shamus Holdings, LLC v. LBM Financial, LLC (In Re Shamus Holdings, LLC)Court of Appeals for the First Circuit · 2011
- Vantage Investments, Inc. v. Loc Nguyen Corp. (In Re Vantage Investments, Inc.)United States Bankruptcy Court, W.D. Missouri · 2008
- FirsTrust Bank v. Indus. Bank (In re Essex Constr., LLC)United States Bankruptcy Court, D. Maryland · 2018
- Limor v. First National Bank (In Re Cumberland Molded Products, LLC)Bankruptcy Appellate Panel of the Sixth Circuit · 2010
- 800 Bourbon Street, LLC v. Bay Bridge Building Ltd. (In re 800 Bourbon Street, LLC)United States Bankruptcy Court, E.D. Louisiana · 2015
2 more not listed; retrieve them via the Exa API.