11th Circuit

Klisivitch, In re

Ruling: 
Motion for reconsideration denied as totality of the circumstances warranted a determinationthat debtor's case should be dismissed for bad faith. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on December 11,2018, LexisNexis #0119-082

Brownlee, In re--Kelley v. First Cmty. Bank

Ruling: 
Transfer of a judicial lien on real property was avoidable as acquisition occurred within the look-back period. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on December 03,2018, LexisNexis #0119-044

Migell, In re

Ruling: 
Right to possession of property by tenant terminated where tenant received adequate notice of the proceedings and due process and had waived any claim to a possessory right to the property. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on November 28,2018, LexisNexis #0119-042

Stuart, In re--Endover Palisades, LLC v. Stuart

Ruling: 
Respondent violated the automatic stay by placing telephone calls to the debtor and to herbrother even after notice of bankruptcy filing. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on November 19,2018, LexisNexis #0119-003

Stuart, In re--Endover Palisades, LLC v. Stuart

Ruling: 
Levy on property was not prohibited by the automatic stay as it constituted an in rem actionagainst the property itself and not an in personam action against the debtor. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on November 19,2018, LexisNexis #0119-004

BFW Liquidation, LLC, In re--Kaye v. Quality Props., LLC

Ruling: 
Claim was disallowed in its entirety as the claimant failed to file a proof of claim before theexpiration of the bar date. (Bankr. N.D. Ala.)
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Commercial case opionion summary, case decided on June 19,2009, LexisNexis #1218-067

Carter, In re--They Might Be, Inc. v. Carter

Ruling: 
Debt was dischargeable as court concluded that while the debtor was probably negligent, he was credible and had no subjective intent to deceive the creditor. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on October 10,2018, LexisNexis #1118-072

Alpha Protective Servs., In re--Gordon v. Rogich

Ruling: 
Pre-petition payment could not be avoided as the trustee met its burden in establishing that debtor was insolvent at the time of the transfer but failed to show that defendant had reasonable cause to believe debtor was insolvent. (Bankr. M.D. Ga.)
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Commercial case opionion summary, case decided on October 12,2018, LexisNexis #1118-078

Providence Fin. Invs., Inc., In re--Yip v. Perez

Ruling: 
Trustee was entitled to recover amount in commission payments that exceeded contract rate. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on October 15,2018, LexisNexis #1118-080

Harris, In re

Ruling: 
Nonattorney sanctioned and required to disgorge fees collected from debtors as he was a bankruptcy petition preparer. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on October 11,2018, LexisNexis #1118-063

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