Florida

Seven Stars on the Hudson Corp., In re

Ruling: 
Case was dismissed for failure to meet statutory deadlines as debtor elected to proceed underSubchapter V after the applicable deadlines had passed. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on August 07,2020, LexisNexis #0920-070

Velasco, In re--Rosenberg Ventures, Inc. v. Velasco

Ruling: 
Debtor entitled to a discharge where his failure to maintain personal books and records didnot make it impossible to ascertain his financial situation. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on July 28,2020, LexisNexis #0920-017

Am. Res. Mgmt. Grp., LLC (DE, In re--Mukamal v. Scottsdale Ins. Co.

Ruling: 
Insurer's motion to withdraw reference was denied where determination of insurer’s duty todefend was best left in the bankruptcy court that had presided over the related cases for morethan a year. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on July 23,2020, LexisNexis #0920-020

Mamedes, In re--Del Franco v. Mamedes

Ruling: 
Court concluded that the settlement which merely provided for a stream of payments to bemade by defendant to plaintiff was not an executory contract under either the Countryman testor the functional analysis test. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on July 27,2020, LexisNexis #0920-005

First Fla. Living Options, LLC, In re

Ruling: 
Notice by creditor to state health care agency regarding unsatisfied judgment claim violatedthe automatic stay. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on June 05,2020, LexisNexis #0720-054

Rumptz, In re--Jones v. Rumptz

Ruling: 
Motion objecting to debtor's discharge denied where debtor did not transfer property withinthe year prior to the petition date or after the petition date with the intent to hinder, delay, ordefraud creditors. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on May 12,2020, LexisNexis #0620-094

Reynolds, In re--Mehdipour v. JPMorgan Chase Bank, N.A.

Ruling: 
Motion to dismiss denied where bankruptcy court's authority to determine whether fundswere estate property created a basis for subject matter jurisdiction. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on April 23,2020, LexisNexis #0620-065

Fundamental Long Term Care, Inc., In re

Ruling: 
Disqualification motion denied as attorney's representation of the trustee greatly benefited thebankruptcy estate and outweighed inadvertently undisclosed connections with debtor. (Bankr.M.D. Fla.)
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Commercial case opionion summary, case decided on April 16,2020, LexisNexis #0620-048

Lyubarsky, In re

Ruling: 
Debtor husband who suffered from anxiety and provided evidence of emotional distresscaused by creditor's demands in violation of the automatic stay was due emotional distressdamages. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on April 17,2020, LexisNexis #0620-029

Grandparents.com, Inc., In re--Rizack v. Starr Indem. & Liab. Co.

Ruling: 
Fraudulent conveyance claim was not subject to dismissal where transfer made under theterms of a contract is not always for reasonably equivalent value. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on April 10,2020, LexisNexis #0620-015

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