Jan
06
2021
Musto, In re
Ruling:
Law firm violated the discharge injunction as its contacts with debtor had the objectiveeffect of pressuring her to pay a discharged debt. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on January 06,2021, LexisNexis #0221-062
Nov
30
2020
McAnally, In re--McAnally v. Specialized Loan Servicing, LLC
Ruling:
Court deemed that it should abstain from hearing the instant proceeding where relevantfactors overwhelmingly weighed in favor of abstention. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on November 30,2020, LexisNexis #0121-075
Feb
19
2020
Lapace, In re--Welch v. Lapace
Ruling:
Denial of Chapter 7 discharge was not warranted as debtors' failure to disclose a pre-petitioncontract for sale of their home was not done with the intent to hinder, delay, or defraudcreditors. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on February 19,2020, LexisNexis #0420-021
Feb
03
2020
Gomes, In re
Ruling:
Chapter 13 debtor's petition date was the proper valuation date for her property. (Bankr. M.D.Fla.)
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Consumer case opionion summary, case decided on February 03,2020, LexisNexis #0320-061
Jan
07
2020
Viciedo, In re--Creal Dallas, LLC v. Viciedo
Ruling:
Debtor's remaining obligation to creditor was subject to discharge as creditor failed to meet itsburden of proving fraudulent inducement. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on January 07,2020, LexisNexis #0220-042
Jun
03
2019
Sussman, In re
Ruling:
Debtor's motion to enforce the automatic stay was denied as debtor had no ownership interestin the property. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on June 03,2019, LexisNexis #0819-030
Mar
05
2019
Gonzalez, In re
Ruling:
Motion for sanctions against Chapter 7 trustee denied absent evidence that trustee madeinappropriate referrals or received anything beyond statutory fees. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on March 05,2019, LexisNexis #0519-023
May
21
2018
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
Nov
29
2016
In re Barrerra
Ruling:
Creditor ordered to release liens impairing debtor’s homestead exemption and securingvehicle loan for which creditor had filed an unsecured claim and been paid under debtor’schapter 13 plan. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on November 29,2016, LexisNexis #1216-098
