Jul
16
2021
Murphy, In re
Ruling:
Creditor's motion for summary judgment granted because of debtor's overdue debt and lackof evidence that the debts were in bona fide dispute. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on July 16,2021, LexisNexis #0921-002
Jul
02
2021
AJRANC Ins. Agency, Inc., In re
Ruling:
Debtor could not have assumed franchise agreement that it could not assign under federaltrademark law. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on July 02,2021, LexisNexis #0821-057
Jun
28
2021
Heritage Hotel Assocs., LLC, In re
Ruling:
Note’s default interest provision was enforceable, but the creditor's fees and costs were notreasonable, resulting in a deduction. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on June 28,2021, LexisNexis #0821-033
May
03
2021
Mangieri, In re
Ruling:
Creditor's motion to dismiss denied as debtor’s conduct did not constitute an abuse of theBankruptcy Code. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on May 03,2021, LexisNexis #0621-070
Apr
20
2021
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
Apr
14
2021
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
Feb
17
2021
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
Jan
21
2020
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
Dec
11
2018
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
Jul
18
2018
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
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