Bankruptcy Attorneys + Blog 

​​​​​​1/17/2017  -  Bankruptcy Case Number 16-11831 EPK, Bankruptcy Judge ERIK P. KIMBALL, sitting in the West Palm Beach Division of the United States Bankruptcy Court for the Southern District of Florida, in the bankruptcy case of MICHELLE METZLER, order signed on 01/10/2017  - Chapter 7 Trustee Michael Bakst (panel trustee assigned to the West Palm Beach Division) can pursue stay violation claims under 362(k) that accrued in the prior Chapter 11 case.  "The Debtor’s claims under section 362(k) and, if the Debtor recovered on such claims, the proceeds of such claims, were property of the bankruptcy estate subject to administration in the chapter 11 case. When the Debtor’s case was converted to chapter 7, her claims under section 362(k) remained property of the estate. 11 U.S.C. §§ 541(a)(7) and 1115(a)(1)."  Bankruptcy Lawyers / Bankruptcy Attorneys involved in this case includes attorneys from Furr & Cohen, P.A. and Greenspoon Marder.


​1/17/2017 - Bankruptcy Case Number 15-21654 EPK , Bankruptcy Judge ERIK P. KIMBALL, sitting in the West Palm Beach Division of the United States Bankruptcy Court for the Southern District of Florida, in the bankruptcy case of FREDERICK J. KEITEL, III, order signed on 01/06/2017 - Some of the best nuggets are in footnotes, like Footnote 5,  "To the extent the present Motion to Reconsider seeks reconsideration, a second time, of the order converting Mr. Keitel’s case to chapter 7, ECF No. 410, it is procedurally inappropriate and likely does not serve to toll the period permitted for a timely appeal from that order. See Fed. R. Bankr. P. 8002(b); Valentine v. BAC Home Loans Servicing, L.P., 635 F. App'x 753, 755–56 (11th Cir. 2015); Stangel v. United States (In re Stangel), 68 F.3d 857, 859 (5th Cir. 1995)."  Chapter 7 Trustee in this case appeared to be Robert Furr, a panel trustee assigned to the West Palm Beach Division.


​4/12/2019 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 the discussion of the relevant case law and the analysis presented in In re Williams, 435 B.R. 552 (Bankr. N.D. Ill. 2010). See also In re Barbieri, 199 F. 3d 616 (2d. Cir. 1999).2 Section 1307(b) mandates dismissal on a debtor’s motion by using the words “at any time” and “shall.” Section 1307(b) limits this right only where the case has previously been converted from chapters 7, 11, or 12. The Court may not ignore the express language of the statute simply because a different interpretation might implement good policy. Section 105(a) “‘does not allow the bankruptcy court to override explicit mandates of other sections of the Bankruptcy Code.’” Law v. Siegel, 571 U.S. 415, 421 (2014), (quoting 2 Collier on Bankruptcy ¶105.01[2], p. 105-6 (16th ed. 2013))."  However, Judge Olson has a different view of a Chapter 13 debtor's rights to dismiss and has in at least a couple cases involuntarily converted Chapter 13 cases to Chapter 7 on the basis of bad faith.