Dec
13
2023
Montenegro, In re
Ruling:
Chapter 13 debtor was allowed to modify her confirmed plan to refinance debt on appreciatednon-exempt real property and use the proceeds to pay secured and unsecured creditors early.(Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on December 13,2023, LexisNexis #0224-071
Dec
18
2023
Adam, In re
Ruling:
Chapter 13 case dismissed as the debtors conceded they were ineligible for Chapter 13 reliefby amending their schedules to show unsecured debts exceeding the statutory limit as of thepetition date. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on December 18,2023, LexisNexis #0224-037
Dec
15
2023
Platt, In re
Ruling:
Spouse was entitled to relief from the automatic stay to allow the state court to enter adissolution judgment determining the respective interests of the debtor and the spouse in thehome and marital assets. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on December 15,2023, LexisNexis #0224-030
Nov
22
2023
Huckleberry Partners LLC, In re
Ruling:
Settlement agreement between the liquidating agent for the debtor and a law firm which hadrepresented the debtor in an action in which a member of the LLC was found to be dissociatedfrom the debtor was approved over the objection of the member. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on November 22,2023, LexisNexis #0224-025
Dec
13
2023
Milberg, In re
Ruling:
Court concluded that the case was not filed in good faith and the amended plan that providedno payments to creditors while debtor litigated the validity of their claims was not proposedin good faith. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on December 13,2023, LexisNexis #0224-018
Dec
07
2023
Banyan Cay Resort & Golf, LLC, In re
Ruling:
Secured creditor was entitled to be paid from all estate recoveries, no matter the source, untilits claims were paid in full. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on December 07,2023, LexisNexis #0224-006
Nov
30
2023
Da Lugo Inv. LLC, In re
Ruling:
Landlord's proof of claim for fire damages would depend on the factual finding of whether ornot debtor was at fault. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on November 30,2023, LexisNexis #0224-007
Nov
27
2023
Garcia, In re
Ruling:
Trustee's objections to confirmation of the above-median debtor's Chapter 13 plan weresustained due to debtor’s improper deductions. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on November 27,2023, LexisNexis #0124-087
Sep
29
2023
Kissimmee Condos P'ship, LLC, In re
Ruling:
Bankruptcy court awarded attorneys' fees and costs to the creditor as the prevailing partypursuant to the attorneys' fee provision in the purchase and sale contract. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on September 29,2023, LexisNexis #0124-060
Nov
27
2023
Sanomedics, Inc., In re
Ruling:
Creditors were unable to share in the distribution as they received sufficient notice of the finalreport and the proposed distributions but failed to timely file claims. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on November 27,2023, LexisNexis #0124-068