Middle District

Koopmans, In re

Ruling: 
Debtor was not permitted to claim a housing adjustment as a special circumstance as thedebtor did not give a credible explanation as to why her only reasonable rental option was onethat cost more than what was allotted under the IRS's guidelines. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on November 09,2020, LexisNexis #1220-093

Juravin, In re--FTC v. Juravin

Ruling: 
FTC proved by more than a preponderance of the evidence that debtor intended to deceiveconsumers by marketing his weight-loss products while knowing they did not work aspromoted. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on October 27,2020, LexisNexis #1220-039

Ellingsworth Residential Cmty. Ass’n, In re

Ruling: 
Subchapter V plan confirmed as fair and equitable where there was a high likelihood thedebtor would make payments and the plan provided adequate protection to creditors.(Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on October 16,2020, LexisNexis #1220-019

Cruz, In re--Doiron v. Cruz

Ruling: 
State judgment debt was nondischargeable as the defamatory statements made by thedebtor were willful and malicious. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on October 13,2020, LexisNexis #1220-011

Maniscalco, In re

Ruling: 
Denial of discharge denied as creditor failed to prove that debtor knowingly and fraudulentlymisstated the value of his equity interest as alleged in Count II of the complaint so as toconstitute a false oath. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on October 15,2020, LexisNexis #1120-92

Givans, In re

Ruling: 
Entireties property transferred to a trust could not be exempted from claims of creditors.(Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on September 30,2020, LexisNexis #1120-031

Olson, In re

Ruling: 
Court found it appropriate to reinstate Rule 3002.1 even though it imposes a burden on themortgage servicer as debtors intend to continue making their mortgage payments. (Bankr. M.D.Fla.)
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Consumer case opionion summary, case decided on September 23,2020, LexisNexis #1120-025

Cogswell, In re

Ruling: 
Court denied creditor stay relief to recover possession to all but one of the 26 items due tofailure to rebut state law presumption that they were property of the estate. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on September 17,2020, LexisNexis #1020-087

Sepielli, In re

Ruling: 
Motion to dismiss student loan debt was granted as debtors were able to pay thirty percent totheir non-student loan unsecured creditors in Chapter 13 plan. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on September 08,2020, LexisNexis #1020-065

Velasco, In re--Rosenberg Ventures, Inc. v. Velasco

Ruling: 
Debtor entitled to a discharge where his failure to maintain personal books and records didnot make it impossible to ascertain his financial situation. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on July 28,2020, LexisNexis #0920-017

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