Mar
15
2023
Yormak, In re
Ruling:
Claimant failed to establish cause to extend deadline as claimant knew of the deadline from the outset of the case and belatedly sought an indefinite extension of the deadline without a specific basis for denying the discharge. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on March 15,2023, LexisNexis #0523-017
Feb
17
2023
Cent. Fla. Civ., LLC, In re
Ruling:
Plan injunction to enjoin creditors from pursuing claims against non-debtors was approved as without the injunction, the debtor's reorganization would likely fail. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on February 17,2023, LexisNexis #0523-005
Feb
24
2023
Hernandez, In re
Ruling:
Trustee was entitled to sell certain real property despite the objection filed by co-owners of the property as the trustee was not seeking to sell the estate asset free and clear of the coowner interests. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on February 24,2023, LexisNexis #0523-007
Mar
06
2023
Khan, In re--Panjwani v. Khan
Ruling:
State court jury verdict was not entitled to collateral estoppel effect as the jury specifically found that the defendants did not fraudulently induce the plaintiff to make a particular investment. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on March 06,2023, LexisNexis #0523-009
Jan
20
2023
Morozov, In re
Ruling:
Loans were nondischargeable as debtor knew of the loans, yet failed to list or schedule them, and the creditor did not have actual knowledge of the bankruptcy case in time to file a timely proof of claim. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on January 20,2023, LexisNexis #0523-011
Mar
09
2023
AUBSP Ownerco 8, LLC, In re
Ruling:
Creditors' motion to dismiss the debtors' bankruptcy cases was denied as the remaining rights, claims, and causes of action were what will be property of the debtors' bankruptcy estate. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on March 09,2023, LexisNexis #0523-013
Jan
31
2023
Calixto, In re
Ruling:
Debtor was entitled to reopen her Chapter 13 case so that she could file amendedbankruptcy schedules to disclose a post-confirmation personal injury claim that she had notpreviously disclosed. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on January 31,2023, LexisNexis #0323-079
Jan
31
2023
Kissimmee Condos P'ship, LLC, In re
Ruling:
Contract for sale of debtor's condominium was treated as an executory contract givenbenefit to the estate of rejection and the debtor's failure to assume. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on January 31,2023, LexisNexis #0323-080
Jan
20
2023
Myers, In re
Ruling:
Confirmation of debtor's Chapter 13 plan was denied as it was not filed in good faith. (Bankr.M.D. Fla.)
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Consumer case opionion summary, case decided on January 20,2023, LexisNexis #0323-073
Jan
05
2023
Cole, In re--PRN Real Estate & Invs., Ltd. v. Cole
Ruling:
Debtor's contractual obligation to pay a creditor's attorney's fees is included as part of a claimexcepted from discharge where a creditor was successful in excepting the creditor's debt fromdischarge. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on January 05,2023, LexisNexis #0323-057
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