Nov
22
2023
Huckleberry Partners LLC, In re
Ruling:
Settlement agreement between the liquidating agent for the debtor and a law firm which hadrepresented the debtor in an action in which a member of the LLC was found to be dissociatedfrom the debtor was approved over the objection of the member. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on November 22,2023, LexisNexis #0224-025
Nov
30
2023
Da Lugo Inv. LLC, In re
Ruling:
Landlord's proof of claim for fire damages would depend on the factual finding of whether ornot debtor was at fault. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on November 30,2023, LexisNexis #0224-007
Sep
29
2023
Kissimmee Condos P'ship, LLC, In re
Ruling:
Bankruptcy court awarded attorneys' fees and costs to the creditor as the prevailing partypursuant to the attorneys' fee provision in the purchase and sale contract. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on September 29,2023, LexisNexis #0124-060
Sep
29
2023
Kissimmee Condos P'ship, LLC, In re
Ruling:
Bankruptcy court awarded attorneys' fees and costs to the creditor as the prevailing partypursuant to the attorneys' fee provision in the purchase and sale contract. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on September 29,2023, LexisNexis #0124-060
Oct
30
2023
Ariman, In re
Ruling:
Court properly based its decision that windows were personal property and could beredeemed on the parties' intent as expressed in their contract. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on October 30,2023, LexisNexis #0124-041
Sep
30
2023
Phelps, In re
Ruling:
Debtor's second amended Chapter 13 plan failed to pass the "best interest of creditors" test.(Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on September 30,2023, LexisNexis #1223-098
Sep
28
2023
Ferry, In re
Ruling:
Debtor's equitable estoppel defense regarding the distribution of certain proceeds from thesale of real property failed as she did not demonstrate that she detrimentally changed herposition in reliance on an estoppel letter. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on September 28,2023, LexisNexis #1223-029
Sep
22
2023
English, In re
Ruling:
Debtor's admission that he filed Chapter 7 to avoid paying a deficiency judgment did notmerit dismissal of the case for bad faith. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on September 22,2023, LexisNexis #1123-093
Aug
18
2023
Lubin, In re
Ruling:
United States' pending claims against debtor under the False Claims Act were excepted fromthe automatic stay pursuant to the police or regulatory power exception. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on August 18,2023, LexisNexis #1123-028
Aug
25
2023
Ariman, In re
Ruling:
Replacement windows in debtor's house were tangible personal property, which allowed thedebtor to redeem the windows notwithstanding a subsequent fixture filing by creditor. (Bankr.M.D. Fla.)
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Consumer case opionion summary, case decided on August 25,2023, LexisNexis #1123-015