In re Gibson

6 Citing cases

  1. Allstate Ins. Co. v. Fougere

    CIVIL ACTION NO. 16-11652-JGD (D. Mass. Sep. 30, 2019)   Cited 3 times

    Where, however, the agent is obligated to solicit business for only one insurer, the expirations are owned by the company. See In re Roger G. Gibson, Case No. 3:15-bk-5172-JAF, 2017 WL 7795950, at *7 (Bankr. M.D. Fla. June 22, 2017) (distinguishing independent insurance agent, "who normally represents contemporaneously several insurers," and agent who is soliciting insurance "on behalf of any particular insurance company[.]"). In the instant case, this court finds that despite the defendants' conclusory protestations to the contrary, the material facts are not in dispute and establish that the defendants are not operating under the American Agency System.

  2. In re Rosinus

    2:17-bk-00426-FMD (Bankr. M.D. Fla. Nov. 17, 2021)

    Fed.R.Bankr.P. 9019(a).In re Vazquez, 325 B.R. 30, 35 (Bankr. S.D. Fla. 2005) (quoted in In re Gibson, 2017 WL 7795950, at *6 (Bankr. M.D. Fla. June 22, 2017)). The four Justice Oaks factors are (a) the probability of success in the litigation, (b) the difficulties, if any, in the matter of collection, (c) the complexity, expense, inconvenience, and delay involved in the litigation, and (d) the paramount interest of the creditors and a proper deference to their reasonable views.

  3. In re Yormak

    2:15-bk-04241-FMD (Bankr. M.D. Fla. Sep. 16, 2021)   Cited 1 times

    In re Vazquez, 325 B.R. 30, 35 (Bankr. S.D. Fla. 2005) (quoted in In re Gibson, 2017 WL 7795950, at *6 (Bankr. M.D. Fla. June 22, 2017)). In the Eleventh Circuit, bankruptcy courts consider four factors, commonly referred to as the Justice Oaks factors, to determine the "fairness, reasonableness and adequacy" of a proposed compromise:

  4. In re Able Body Temp. Servs.

    Case Nos. 8:13-bk-06864-CED, et al (Bankr. M.D. Fla. Dec. 10, 2020)

    In re Vazquez, 325 B.R. 30, 35 (Bankr. S.D. Fla. 2005) (quoted in In re Gibson, 2017 WL 7795950, at *6 (Bankr. M.D. Fla. June 22, 2017)). Independent of the grounds stated in the Motion for Rehearing, the Court finds that the Trustee did not meet her burden of proof on the Compromise Motions.

  5. In re JS Enters.of Fla.

    Case No. 8:16-bk-06728-CED (Bankr. M.D. Fla. Apr. 13, 2020)

    In re Vazquez, 325 B.R. 30, 35 (Bankr. S.D. Fla. 2005)(quoted in In re Gibson, 2017 WL 7795950, at *6 (Bankr. M.D. Fla. June 22, 2017)). In the Eleventh Circuit, bankruptcy courts consider four factors, commonly referred to as the Justice Oaks factors, to determine the "fairness, reasonableness and adequacy" of a proposed compromise:

  6. In re Able Body Temp. Servs.

    Case Nos. 8:13-bk-06864-CED, et al (Bankr. M.D. Fla. Feb. 5, 2020)

    In re Vazquez, 325 B.R. 30, 35 (Bankr. S.D. Fla. 2005)(quoted in In re Gibson, 2017 WL 7795950, at *6 (Bankr. M.D. Fla. June 22, 2017)). In the Eleventh Circuit, bankruptcy courts consider four factors, commonly referred to as the Justice Oaks factors, to determine the "fairness, reasonableness and adequacy" of a proposed compromise: