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McKenzie Contr., LLC, In re

Ruling
Debtor was eligible for Subchapter V treatment as its noncontingent, liquidated debt fellbelow the $7.5 million debt limit. (Bankr. M.D. Fla.)
Issue(s)
Definitions; Debtor; Persons Included.

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Commercial opinion summary, case decided on July 19, 2024 , LexisNexis #0924-094

Speedway Auto Sales 27, In re

Ruling
Creditor sanctioned for its willful violations of the automatic stay as the creditor had actualnotice of the bankruptcy filing based on phone calls and conversations with the debtor'sattorneys and law enforcement. (Bankr. M.D. Fla.)
Issue(s)
Automatic Stay.

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Commercial opinion summary, case decided on July 16, 2024 , LexisNexis #0924-056

Cooley, In re

Ruling
Plaintiff did not prove that it sustained damages due to the debtor's conduct. (Bankr. M.D. Fla.)
Issue(s)
Allowance of Claims or Interests; Objections.

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Consumer opinion summary, case decided on March 26, 2024 , LexisNexis #0524-086

Cooley, In re

Ruling
Plaintiff's claim was disallowed as it did not prove by a preponderance of the evidence that itsuffered any damages. (Bankr. M.D. Fla.)
Issue(s)
Allowance of Claims or Interests.

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Consumer opinion summary, case decided on March 26, 2024 , LexisNexis #0524-058

(In re Vogt, entre--Vogt v.

Ruling
Chapter 13 bankruptcy debtor had sufficiently alleged a fraudulent transfer claim to recoverinvoluntarily transferred property that the debtor claimed as exempt if the bankruptcy trusteedid not bring such action. (Bankr. M.D. Fla.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable

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Consumer opinion summary, case decided on February 28, 2024 , LexisNexis #0624-094

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.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Lessor’s Claim for Damages.

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Commercial opinion summary, case decided on November 30, 2023 , LexisNexis #0224-007

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.)
Issue(s)
Allowance of Claims or Interests.

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Consumer opinion summary, case decided on September 28, 2023 , LexisNexis #1223-029

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.)
Issue(s)
Automatic Stay; Exceptions; Governmental Unit's Enforcement of Police or Regulatory

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Consumer opinion summary, case decided on August 18, 2023 , LexisNexis #1123-028

Summit II, LLC, In re

Ruling
Land contract could be assumed by the debtor as it was an asset of the bankruptcy estate. (Bankr. M.D. Fla.)
Issue(s)
Executory Contracts and Unexpired Leases.

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Commercial opinion summary, case decided on May 04, 2023 , LexisNexis #0623-083

DeSocio, In re

Ruling
Creditor was not entitled to relief from stay as its reformed loan and mobile home purchaseagreement would be paid in full under Chapter 13 plan. (Bankr. M.D. Fla.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Consumer opinion summary, case decided on January 03, 2023 , LexisNexis #0323-005