Jul
29
2022
Campbellton-Graceville Hosp. Corp., In re--Glade v. Carbonell
Ruling:
Creditors were entitled to remand of their state court proceedings where trustee's untimelyremoval was inapplicable. (Bankr. N.D. Fla.)
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Commercial case opionion summary, case decided on July 29,2022, LexisNexis #0922-074
Aug
02
2022
Cabot, In re
Ruling:
Collateral estoppel was applicable only to the extent that state court findings were identical tobankruptcy code requirements for nondischargeability. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on August 02,2022, LexisNexis #0922-056
Jun
10
2022
Rooks, In re--Rooks v. St. Matthew's Univ., Inc.
Ruling:
Debtor lacked standing to pursue claims against university not related to dischargeability ofstudent loan debt as all causes of belonging to the debtor at the commencement of thebankruptcy case were property of the bankruptcy estate. (Bankr. N.D. Fla.)
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Consumer case opionion summary, case decided on June 10,2022, LexisNexis #0922-061
Jul
25
2022
Abney-Ancrum, In re--Ga. DOL v. Abney-Ancrum
Ruling:
Debtor's debt for overpayment of benefits was nondischargeable as all the elements for fraudwere met. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on July 25,2022, LexisNexis #0922-036
Jul
13
2022
Bizgistics, Inc, In re
Ruling:
Creditor did not have a perfected security interest in the debtor's truck and trailer and did nothave an allowed unsecured claim due to failure to timely file a proof of claim. (Bankr. M.D.Fla.)
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Commercial case opionion summary, case decided on July 13,2022, LexisNexis #0922-038
Jul
13
2022
Collins, In re
Ruling:
Motion to vacate the order confirming the debtor's Chapter 13 plan was denied asproceedings to revoke a Chapter 13 plan had to be brought as an adversary proceeding.(Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on July 13,2022, LexisNexis #0922-020
Jul
19
2022
White, In re--White v. NewRez LLC
Ruling:
Secured creditor whose claim was bifurcated no longer enjoys benefit of its original contractwith debtor and provisions of a confirmed plan bind debtor and creditor. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on July 19,2022, LexisNexis #0922-019
Jul
18
2022
J.E.L. Site Dev., In re--Chamber v. Delta P'ship LLC
Ruling:
Company was a non-statutory insider of debtor given that the parties had a sufficientlyclose relationship to qualify as non-statutory insiders and debtor and company's businessrelationship was not conducted at arm's length. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on July 18,2022, LexisNexis #0922-001
Jul
15
2022
Gilles, In re
Ruling:
Debtor's filing of a second Chapter 13 case before her pending bankruptcy case wasdismissed violated the single estate rule and invoked concerns of bad faith and abuse ofprocess. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on July 15,2022, LexisNexis #0922-003
Jul
15
2022
Myers, In re
Ruling:
Debtor could not avoid bank's interest in adequate protection payments that arose fromparties' agreement to protect the bank's existing claim to the debtor's property. (Bankr. M.D.Fla.)
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Consumer case opionion summary, case decided on July 15,2022, LexisNexis #0922-006
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