Florida

Bateman, In re

Ruling: 
Motion to compel arbitration was denied where arbitration of a contempt proceeding for violation of the discharge injunction inherently conflicted with the bankruptcy code and undermined it's authority to enforce its orders and exercise its powers of contempt. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on May 21,2018, LexisNexis #0618-105

Morris, In re--Rimrock Design, Inc. v. Morris

Ruling: 
Debt was nondischargeable where debt was incurred by deception or trickery and debtorfraudulently appropriated the property entrusted to him. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on May 08,2018, LexisNexis #0618-045

Real, In re

Ruling: 
Creditor's motion to dismiss denied where court has jurisdiction to determine that debt wasnondischargeable and creditor willfully violated the discharge injunction. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on April 30,2018, LexisNexis #0618-009

Thal, In re

Ruling: 
Court ruled that IRS violated the discharge injunction of both debtors where its interceptionof funds proved to be intentional. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on May 01,2018, LexisNexis #0618-015

Hadfeg, In re

Ruling: 
Court ruled that the special rights of Florida condominium associations to collect associationfees and assessments does not trump the preclusive effect of a "cure" plan confirmed withoutobjection. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on April 30,2018, LexisNexis #0618-025

Sanomedics, Inc., In re

Ruling: 
Court quashed creditor’s discovery request as it was for the improper purpose of assisting its affiliate in a nonbankruptcy litigation. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on March 27,2018, LexisNexis #0518-093

Orton, In re--Jones v. Orton

Ruling: 
Court determined that transfer was avoidable as it was made within the requisite two year period and debtors were insolvent at the time of the transfer. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on March 27,2018, LexisNexis #0518-102

Sixty One Sixty, LLC, In re

Ruling: 
Award of sanctions was not warranted as the court did not find that the debtor and itsmembers knew, or reasonably believed, that they were filing the petition for an improperpurpose. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on April 11,2018, LexisNexis #0518-088

Clinical Pet of Ocala, LLC, In re

Ruling: 
Court ruled that termination of debtor's use of cash collateral was appropriate as it failed tomake adequate protection payments. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on April 10,2018, LexisNexis #0518-071

Rand, In re--Int'l Speedway Corp. v. Rand

Ruling: 
Court denied debtor's discharge as he was not honest or unfortunate. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on April 12,2018, LexisNexis #0518-079

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