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Florida

Merkel, In re

Ruling: 
Creditor's motion to dismiss debtor's case denied where she did not establish debtor's alleged improper pre-petition conduct and therefore failed to show debtor had acted in bad faith. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on September 07,2018, LexisNexis #0219-084

Trujillo, In re

Ruling: 
Corporate defendants were property of the bankruptcy estate as trustee established equitable ownership and the debtor and his wife were the only recipients of distributions from the various corporate defendants. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on January 02,2019, LexisNexis #0219-035

Hane, In re--Coltefinanciera, S.A. v. Hane

Ruling: 
Defendant's motion for partial summary judgment was granted as bank's position that thedebtor's allegedly false statements, misrepresentations and non-disclosures was inconsistentwith the express provisions of the statute. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on December 27,2018, LexisNexis #0219-008

Brandt, In re

Ruling: 
Court denied debtor's motion to dismiss insurance company's nondischargeability claim asthere were sufficient facts that he committed defalcation while acting in a fiduciary capacity.(Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on January 03,2019, LexisNexis #0219-011

Aguero, In re

Ruling: 
Court allowed amended claim for an unsecured deficiency even though it was filed afterconfirmation as allowance benefitted debtor. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on December 12,2018, LexisNexis #0219-019

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.)
ABI Membership is required to access the full summary of Klisivitch, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 11,2018, LexisNexis #0119-082

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

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

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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