Florida

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.)
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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

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

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

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

Migell, In re

Ruling: 
Attorney representing debtor's mother violated the automatic stay by failing to withdraw his pleadings seeking to seize or place a lien on the debtor's homestead. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on September 26,2018, LexisNexis #1118-031

Rollaguard Sec., LLC, In re-Furr v. TD Bank, N.A.

Ruling: 
Trustee's motion to file amended complaints was denied as court concluded that it would befutile because regular deposits into debtors' own unrestricted bank accounts were nottransfers. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on October 01,2018, LexisNexis #1118-001

Taylor, Bean & Whitaker Mortg. Corp., In re--Luria v. Thunderflower, LLC

Ruling: 
Transfer avoidance denied as the summary-judgment standard precluded the court frominferring actual intent. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on September 28,2018, LexisNexis #1118-017

Kenny, In re--Bryant v. Kenny

Ruling: 
Judgment debt could not be excepted from discharge where plaintiff failed to provejustifiable reliance as it required something more than a mere onetime oral conversation.(Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on August 30,2018, LexisNexis #1018-072

Arthur, In re--Coosemans Miami, Inc. v. Arthur

Ruling: 
Defendants' debt to the plaintiff could not be excepted from discharge where PACA trust wasnot a technical trust as the defendants were not required to segregate trust assets from nontrustassets and could use trust assets for their own purposes. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on August 07,2018, LexisNexis #1018-074

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