Judge Delano

929485 Fla., Inc., In re

Ruling: 
Creditor's claim for monetary damages arising from debtor's rejection of executory contractwas disallowed as creditor did not establish its right to specific performance. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on April 20,2021, LexisNexis #0621-008

Yormak, In re

Ruling: 
Creditor’s appeal of disallowance of claim did not deprive the bankruptcy court of jurisdictionto rule on the debtor's entitlement to a discharge as nothing in the appeal related to that issue.(Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on April 14,2021, LexisNexis #0521-093

Polasky, In re--Feldy Boys, LLC v. Polasky

Ruling: 
Creditor failed to prove by a preponderance of the evidence that debtor made a materialmisrepresentation regarding the company's financial condition. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on February 17,2021, LexisNexis #0321-083

Daniel, In re

Ruling: 
Loan debt was dischargeable absent evidence of any alleged misrepresentations. (Bankr. M.D.Fla.)
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Consumer case opionion summary, case decided on January 21,2020, LexisNexis #0220-080

Klisivitch, In re

Ruling: 
Motion for reconsideration denied as totality of the circumstances warranted a determinationthat debtor's case should be dismissed for bad faith. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on December 11,2018, LexisNexis #0119-082

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

In re Pure Performance Golf, LLC

Ruling: 
Rejection of an executory contract did not constitute a termination of the contract but wasmerely a breach by the debtor occurring immediately prior to the petition date. (Bankr. M.D.Fla.)
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Commercial case opionion summary, case decided on September 29,2017, LexisNexis #1117-006

Kwiatkowski, In re

Ruling: 
Any costs awarded to the insurance company in the Bad Faith Action brought solely for the benefit of the estate were taxable only against the estate and not against debtor, individually. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on September 22,2017, LexisNexis #1017-118

Jack, In re

Ruling: 
Debtor was ordered to assume or reject a rental-purchase agreement of personal property asit was a true lease and not a disguised security agreement. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on July 31,2017, LexisNexis #0917-004

Forbes v. Moore (In re Moore)

Ruling: 
Discharge denied due to debtors’ failure to keep adequate books and records. (Bankr. M.D. Fla.)
ABI Membership is required to access the full summary of Forbes v. Moore (In re Moore). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 30,2016, LexisNexis #1016-127

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