Middle District

Falkner, In re

Ruling: 
Bankruptcy plan proposed under chapter 11 could not be confirmed until court resolved claim as debtor failed to turn over proceeds of an oil claim and a claim under the PACA. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on April 20,2018, LexisNexis #0818-114

Monahan, In re--Monahan v. Fore River, L.L.C.

Ruling: 
Defendant's mortgage was wholly unsecured and was stripped off as the first mortgage exceeded the property's value. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on July 20,2018, LexisNexis #0818-116

Doane, In re--Doane v. Wells Fargo Bank, N.A.

Ruling: 
Dismissal with prejudice was warranted as debtor provided no facts to substantiate the libel and RICO claims. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on July 19,2018, LexisNexis #0818-120

Mongelluzzi, In re--Welch v. Regions Bank

Ruling: 
Deposit transfers that were unrelated to the payment of overdrafts were not transfers subject to avoidance. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on July 18,2018, LexisNexis #0818-108

RMS Titanic, Inc., In re

Ruling: 
Creditor's motion for appointment of chapter 11 trustee was denied as the sale proponents should be permitted to develop their liquidation plans in accordance with the procedures of chapter 11. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on June 29,2018, LexisNexis #0818-113

Unnerstall, In re

Ruling: 
Court allowed the bank’s reasonable attorneys’ fees where it held an oversecured claim butdebtors were not responsible for unreasonable fees incurred by the bank in collecting thedebt. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on April 25,2018, LexisNexis #0718-010

Bateman, In re

Ruling: 
Motion to compel arbitration was denied where arbitration of a contempt proceeding for violation of the discharge injunction inherently conflicted with the bankruptcy code and undermined it's authority to enforce its orders and exercise its powers of contempt. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on May 21,2018, LexisNexis #0618-105

Morris, In re--Rimrock Design, Inc. v. Morris

Ruling: 
Debt was nondischargeable where debt was incurred by deception or trickery and debtorfraudulently appropriated the property entrusted to him. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on May 08,2018, LexisNexis #0618-045

Real, In re

Ruling: 
Creditor's motion to dismiss denied where court has jurisdiction to determine that debt wasnondischargeable and creditor willfully violated the discharge injunction. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on April 30,2018, LexisNexis #0618-009

Orton, In re--Jones v. Orton

Ruling: 
Court determined that transfer was avoidable as it was made within the requisite two year period and debtors were insolvent at the time of the transfer. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on March 27,2018, LexisNexis #0518-102

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