11th Circuit

Hill, In re--Pucci v. Hill

Ruling: 
Debt was dischargeable where creditor failed to prove that debtor did not intend to pay thecreditor at the time the parties entered into the contract and that debtor knew he did not havethe ability to pay the creditor at the time of contracting. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on September 20,2021, LexisNexis #1121-034

Wright, In re

Ruling: 
Trustee's objection to confirmation of debtors' Chapter 13 plan was sustained as debtors didnot show that the plan met the best interests of creditors test with respect to two propertiesabsent proper valuation. (Bankr. S.D. Ala.)
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Consumer case opionion summary, case decided on September 24,2021, LexisNexis #1121-044

Zilkha Biomass Selma, LLC, In re

Ruling: 
Co-defendants' motion to extend the automatic stay denied as the automatic stay does notprovide a mechanism to extend the stay to non-debtors. (Bankr. S.D. Ala.)
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Commercial case opionion summary, case decided on September 20,2021, LexisNexis #1121-028

Yormak, In re

Ruling: 
Approval of settlement was granted reasonable and in the best interests of the bankruptcyestate. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on September 16,2021, LexisNexis #1121-025

Zilkha Biomass Selma, LLC, In re

Ruling: 
Extension of automatic stay to state court non-filing co-defendants of Chapter 7 debtor was notwarranted absent showing that a judgment against the co-defendants would amount to ajudgment against debtor. (Bankr. S.D. Ala.)
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Commercial case opionion summary, case decided on September 14,2021, LexisNexis #1121-003

Davis, In re

Ruling: 
Debtor's objection to claim of bank was sustained as debtor timely rescinded the mortgageloan and was not precluded from arguing rescission and the bank failed to demonstrate whatamounts, if any, debtor might have received from the loan. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on September 15,2021, LexisNexis #1121-005

Universal Towers Constr., Inc., In re

Ruling: 
Minority shareholder's claims were not subordinated as it was divested of its ownershipinterest by state court. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on September 15,2021, LexisNexis #1121-006

Clearpoint Chems., LLC, In re

Ruling: 
Chapter 11 plan was not proposed in bad faith as the overall effect of the plan was to allowdebtor to continue to operate, maintain its employees and pay its administrative, priority andsecured claims. (Bankr. S.D. Ala.)
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Commercial case opionion summary, case decided on September 14,2021, LexisNexis #1121-019

Graham, In re

Ruling: 
Objection to confirmation of debtors' Chapter 13 plan was overruled as debtors' pawn contracton their vehicle had not matured pre-petition so they retained legal title and possession of thevehicle when the bankruptcy was filed. (Bankr. S.D. Ala.)
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Consumer case opionion summary, case decided on September 14,2021, LexisNexis #1121-021

Consolidated Land Holdings, LLC, In re

Ruling: 
Lender whose collateral was the ground lease between debtor and tenant was not entitled toan administrative expense claim for paying tenant’s expenses in order to preserve thecollateral. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on September 10,2021, LexisNexis #1021-083

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