Judge Funk

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.)
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Consumer case opionion 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.)
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Consumer case opionion 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.)
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Consumer case opionion 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.)
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Consumer case opionion summary, case decided on March 31,2021, LexisNexis #0521-042

Clarkson, In re

Ruling: 
Debtors' case was subject to dismissal due to the presumption of abuse. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on March 31,2021, LexisNexis #0521-042

Whitten, In re

Ruling: 
Language “with rights of survivorship” in deed did not automatically defeat debtor's claim ofexemption as a right of survivorship was an element of a tenancy by the entirety. (Bankr. M.D.Fla.)
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Consumer case opionion summary, case decided on March 01,2021, LexisNexis #0421-035

Mulholland, In re

Ruling: 
Plan confirmation was denied where creditor's claim was impaired and she objected to theproposed plan. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on December 11,2020, LexisNexis #0121-098

Koopmans, In re

Ruling: 
Debtor was not permitted to claim a housing adjustment as a special circumstance as thedebtor did not give a credible explanation as to why her only reasonable rental option was onethat cost more than what was allotted under the IRS's guidelines. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on November 09,2020, LexisNexis #1220-093

Sepielli, In re

Ruling: 
Motion to dismiss student loan debt was granted as debtors were able to pay thirty percent totheir non-student loan unsecured creditors in Chapter 13 plan. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on September 08,2020, LexisNexis #1020-065

First Fla. Living Options, LLC, In re

Ruling: 
Notice by creditor to state health care agency regarding unsatisfied judgment claim violatedthe automatic stay. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on June 05,2020, LexisNexis #0720-054

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