11th Circuit

Mongelluzzi, In re--Welch v. Regions Bank

Ruling: 
Deposit transfers that were unrelated to the payment of overdrafts were not transfers subject to avoidance. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on July 18,2018, LexisNexis #0818-108

RMS Titanic, Inc., In re

Ruling: 
Creditor's motion for appointment of chapter 11 trustee was denied as the sale proponents should be permitted to develop their liquidation plans in accordance with the procedures of chapter 11. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on June 29,2018, LexisNexis #0818-113

Falkner, In re

Ruling: 
Bankruptcy plan proposed under chapter 11 could not be confirmed until court resolved claim as debtor failed to turn over proceeds of an oil claim and a claim under the PACA. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on April 20,2018, LexisNexis #0818-114

Monahan, In re--Monahan v. Fore River, L.L.C.

Ruling: 
Defendant's mortgage was wholly unsecured and was stripped off as the first mortgage exceeded the property's value. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on July 20,2018, LexisNexis #0818-116

Doane, In re--Doane v. Wells Fargo Bank, N.A.

Ruling: 
Dismissal with prejudice was warranted as debtor provided no facts to substantiate the libel and RICO claims. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on July 19,2018, LexisNexis #0818-120

Stroud, In re

Ruling: 
Trustee was not entitled to compensation as trustee's services did not rise to the level of providing any substantial benefit to the estate or to the creditors sufficient to warrant quantum meruit award. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on July 19,2018, LexisNexis #0818-092

Benedicto, In re

Ruling: 
Objections to confirmation of chapter 13 plans sustained where plans included balloonpayments which were periodic payments incompatible with equal monthly paymentrequirement. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on June 29,2018, LexisNexis #0818-024

Mariano v. Simpson Thacher & Bartlett, LLP, In re

Ruling: 
No risk of collateral estoppel was present as the parties in the bankruptcy case differed fromthe parties in the state court action as plaintiff was not a party to the bankruptcy case. (Bankr.S.D. Fla.)
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Commercial case opionion summary, case decided on June 26,2018, LexisNexis #0818-025

Williams, In re

Ruling: 
Payments under settlement agreement were exempt as the agreement created a new andseparate disability policy. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on June 26,2018, LexisNexis #0818-006

Sherrod, In re

Ruling: 
Motion to dismiss chapter 13 case was granted where debtor falsified a letter authorizing herto obtain financing for the purchase of a motor vehicle. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on July 05,2018, LexisNexis #0818-080

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