Jan
11
2023
Antaramian Props., LLC v. Naples Bay Resorts Holding LLC
Ruling:
Court denied plaintiff's motion for attorney's fees and costs as it determined that defendantshad an objectively reasonable basis for removing the state court action to bankruptcy court.(Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on January 11,2023, LexisNexis #0323-046
Nov
16
2022
Katzel, In re
Ruling:
Chapter 13 debtor's case was dismissed for cause as a bad faith filing as the sole purpose of thedebtor's Chapter 13 case was to discharge the debt he owed to his former wife. (Bankr. M.D.Fla.)
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Consumer case opionion summary, case decided on November 16,2022, LexisNexis #0123-74
Oct
05
2022
Lampert, In re
Ruling:
Imposition of issue preclusion in nondischaregeability proceeding would not have been fairand consistent with sound public policy as reasonable doubt existed as to exactly what wasadjudicated in the state court rulings. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on October 05,2022, LexisNexis #1222-060
Oct
05
2022
McCarthy, In re
Ruling:
Bankruptcy court exercised its discretion to retain jurisdiction as the resolution of thecreditor's claim and the debtors' objection would have no effect on the Chapter 7 estate. (Bankr.M.D. Fla.)
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Consumer case opionion summary, case decided on October 05,2022, LexisNexis #1222-049
Oct
06
2022
Adams, In re
Ruling:
Creditor was not qualified to file an involuntary Chapter 7 bankruptcy case against the debtoras the claim against the debtor for equitable subrogation was the subject of a bona fidedispute as to liability or amount. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on October 06,2022, LexisNexis #1222-027
Jul
15
2022
Myers, In re
Ruling:
Debtor could not avoid bank's interest in adequate protection payments that arose fromparties' agreement to protect the bank's existing claim to the debtor's property. (Bankr. M.D.Fla.)
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Consumer case opionion summary, case decided on July 15,2022, LexisNexis #0922-006
Jun
29
2022
Saad, In re
Ruling:
Debtor' could avoid recorded judgment lien as impairing his homestead exemption. (Bankr.M.D. Fla.)
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Consumer case opionion summary, case decided on June 29,2022, LexisNexis #0822-083
Jun
29
2022
Rolle, In re
Ruling:
Debtor was entitled to avoid a creditor's judgment lien on his home as the debtor owned hishome jointly with his wife when the judgment lien was recorded. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on June 29,2022, LexisNexis #0822-084
Apr
28
2022
Gillis, In re
Ruling:
Court could not permit debtor to circumvent state court's final judgment by alleging defectsin the mortgage loan that occurred before the state court entered the final judgment. (Bankr.M.D. Fla.)
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Consumer case opionion summary, case decided on April 28,2022, LexisNexis #0622-052
Mar
31
2022
Yablonowski, In re--Pfeil v. Yablonowski
Ruling:
Debt was dischargeable where creditors’ allegations as to debtor's alleged misrepresentationslacked the specificity necessary to establish a fraud claim. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on March 31,2022, LexisNexis #0522-083
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