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Law Office of Jeffrey Solomon

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Archive for January, 2012

Chapter 13 Jurisdictional Limit Is Waived

Sunday, January 8th, 2012

We have had previous discussions that the jurisdictional limit in chapter 13 cases creates a major problem for many debtors to successfully confirm a chapter 13 plan. However, a recent case, In re Kevin Rosa, Case NO 6:10-bk-07799-ABB, recognized that if no one timely objects, the chapter 13 jurisdictional limit is waived. In this December 15, 2011 decision, Judge Arthur Briskman in the Middle District of Florida, citing In Re Sullivan, 245 BR 416(N.D. FL 1999), denied a motion to dismiss or convert to chapter 7 filed by a creditor(it appears the creditor was the former wife).

Robin Weiner, Chapter 13 Trustee in Broward and Palm Beach County, Florida, has announced that, depending on the case, she will not assert that the debtor is over the jurisdictional limit.

Broward County Foreclosure Update

Saturday, January 7th, 2012

Some interesting information was presented at this week’s South Broward Bar Association luncheon by the current foreclosure judge, Judge Marina Garcia-Wood.(All residential foreclosures are now assigned to her; commercial foreclosures and association foreclosures are still assigned to other judges) Approximately 42,000 foreclosures are pending in Broward County. About 1500 foreclosures are being filed per month with about the same number being completed. Approximately 8500 cases are dormant.

At each morning motion calendar and at each 1:30 p.m calendar there are typically over 100 cases scheduled. Special settings are not being scheduled to June. The judicial assistant receives 100 voice messages a day, so do not expect a call back. If a true emergency hearing is needed, come to chambers.

Meanwhile, as reported in the press this week, David Stern is being sued for $60,000,000 for fraud when he took his mortgage processing company public(his law firm was the only client, which is now out of business)