Legal Opinion
In re Lapeyre
United States Bankruptcy Court, S.D. Florida.
Decided January 25, 2016No. CASE NO. 13-17069-RAMPublishedCited by 5 opinions
1Opinion of the Court
ORDER GRANTING IN PART MOTION TO COMPEL SURRENDER
Robert A. Mark, Judge, United States Bankruptcy Court
The Debtors in this chapter 13 case confirmed a plan that provided for the surrender of their interest in one of their properties. After confirmation of the plan, the Debtors filed affirmative defenses and a counterclaim in a foreclosure action filed by the lender who holds a mortgage on the surrendered property. Because the confirmed plan provides for the surrender of the property, the Court finds that the assertion of affirmative defenses and a counterclaim in the foreclosure case violates…
2Cases cited5 opinions
- In re MetzlerUnited States Bankruptcy Court, M.D. Florida · 2015
- In re FaillaDistrict Court, S.D. Florida · 2014
- Failla v. Citibank, N.A.District Court, S.D. Florida · 2015
- In re KourogenisUnited States Bankruptcy Court, S.D. Florida. · 2015
- In re CalzadillaUnited States Bankruptcy Court, S.D. Florida. · 2015
3Cited by5 opinions
- David Failla v. Citibank, N.A.Court of Appeals for the Eleventh Circuit · 2016
- In re ScottUnited States Bankruptcy Court, S.D. Florida. · 2017
- In re ElowitzUnited States Bankruptcy Court, S.D. Florida. · 2016
- Fischer v. HSBC Bank United States, Nat'l Ass'nDistrict Court of Appeal of Florida · 2018
- JAMES FISCHER v. H S B C BANK U S A, NATIONAL ASSOC. AS TRUSTEEDistrict Court of Appeal of Florida · 2018