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TORANTO v. DZIKOWSKI

No. 07-80882-CIV.

380 B.R. 96 (2007)

I.R. TORANTO, as Trustee of the Rhonda Rubin Toranto Irrevocable Trust, Appellant v. Patricia DZIKOWSKI, as Chapter 7 Trustee of the Bankruptcy Estate of Irwin Sherwin, Appellee.

United States District Court, S.D. Florida, Miami Division.

December 17, 2007.

Attorney(s) appearing for the Case

Bradley Scott Shraiberg, Les O. Osborne, Eyal Berger, Kluger Peretz Kaplan & Berlin, P.L., Boca Raton, FL, for Appellant.

Patrick S. Scott, Law Office of Patrick Scott, Fort Lauderdale, FL, for Appellee.

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...

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