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Chambers, In re

Ruling
Chapter 7 discharge would have constituted abuse where the debtor could pay a meaningfulamount to his unsecured creditors in a hypothetical Chapter 13 plan. (Bankr. M.D. Fla.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;

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Consumer opinion summary, case decided on March 18, 2022 , LexisNexis #0522-043

Mulholland, In re

Ruling
Motion to dismiss granted where debtors failed to propose a confirmable bankruptcy plandespite ample opportunities and time to propose a confirmable plan. (Bankr. M.D. Fla.)
Issue(s)
Confirmation of Plan; Cramdown.

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Consumer opinion summary, case decided on January 14, 2022 , LexisNexis #0322-018

Hernandez, In re

Ruling
Motion to dismiss granted where debtor was eligible for Chapter 13 relief and could pay anapproximate twenty-two percent dividend to his unsecured creditors in a hypothetical Chapter13 plan. (Bankr. M.D. Fla.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;

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Consumer opinion summary, case decided on January 14, 2022 , LexisNexis #0322-013

Seawalk Invs. LLC, In re

Ruling
Debtor's plan was confirmed as it paid all creditors in full over time with interest and allowedthe debtor to keep its assets. (Bankr. M.D. Fla.)
Issue(s)
Confirmation of Plan; Single Plan Rule.

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Commercial opinion summary, case decided on October 28, 2021 , LexisNexis #1221-097

Hill, In re--MKL Enter. v. Hill

Ruling
Debt was not excepted from discharge as there was no evidence that debtors made a falserepresentation or engaged in any fraudulent conduct in order to provide services to debtors.(Bankr. M.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on September 30, 2021 , LexisNexis #1121-085

Geller, In re

Ruling
Debtor was entitled to damages for creditor's willful violation of automatic stay as creditorrepeatedly attempted to contact the debtor post-petition and post-discharge. (Bankr. M.D. Fla.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on September 30, 2021 , LexisNexis #1121-079

Simmons, In re--Creative Enters. HK v. Simmons

Ruling
Unscheduled creditor's debt was not excepted from discharge because the creditor's late proofof claim was filed in time to share in the distribution from the estate if assets were recovered.(Bankr. M.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts Not Duly Listed or

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Consumer opinion summary, case decided on August 24, 2021 , LexisNexis #1021-038

Renfroe, In re

Ruling
Chapter 13 debtor's objection to a bank's claim related to a residential mortgage was sustainedwithout prejudice since the debtor rebutted the prima facie validity of the claim. (Bankr. M.D.Fla.)
Issue(s)
Automatic Stay; Relief from Stay.

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Consumer opinion summary, case decided on August 03, 2021 , LexisNexis #0921-055

Roman, In re

Ruling
Case was dismissed due to debtor’s failure to rebut the presumption of abuse. (Bankr. M.D.Fla.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse.

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Consumer opinion summary, case decided on July 07, 2021 , LexisNexis #0821-068

Clarkson, In re

Ruling
Debtors' case was subject to dismissal due to the presumption of abuse. (Bankr. M.D. Fla.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;

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Consumer opinion summary, case decided on March 31, 2021 , LexisNexis #0521-042