Judge Funk

Taylor, Bean & Whitaker Mortg. Corp., In re--Luria v. Thunderflower, LLC

Ruling: 
Transfer avoidance denied as the summary-judgment standard precluded the court frominferring actual intent. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on September 28,2018, LexisNexis #1118-017

Kenny, In re--Bryant v. Kenny

Ruling: 
Judgment debt could not be excepted from discharge where plaintiff failed to provejustifiable reliance as it required something more than a mere onetime oral conversation.(Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on August 30,2018, LexisNexis #1018-072

Monahan, In re--Monahan v. Fore River, L.L.C.

Ruling: 
Defendant's mortgage was wholly unsecured and was stripped off as the first mortgage exceeded the property's value. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on July 20,2018, LexisNexis #0818-116

Real, In re

Ruling: 
Creditor's motion to dismiss denied where court has jurisdiction to determine that debt wasnondischargeable and creditor willfully violated the discharge injunction. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on April 30,2018, LexisNexis #0618-009

Clinical Pet of Ocala, LLC, In re

Ruling: 
Court ruled that termination of debtor's use of cash collateral was appropriate as it failed tomake adequate protection payments. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on April 10,2018, LexisNexis #0518-071

Climate Control Mech. Servs., In re

Ruling: 
Cause did not exist to appoint a chapter 11 trustee or to convert the cases to chapter 7. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on March 06,2018, LexisNexis #0418-051

Gibson, In re

Ruling: 
Trustee's proposed compromise was denied where circumstances did not demonstrate the proposed compromise was in the best interests of the estate. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on June 22,2017, LexisNexis #0218-091

Ryan, In re

Ruling: 
Courd denied confirmation of plan as it separately classified nondischargeable long-term federal student-loan debt to be paid outside of the plan, but called for 100% payment to all other creditors during the life of the plan. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on November 07,2017, LexisNexis #1217-056

Thompson, In re

Ruling: 
Debtor's chapter 13 case dismissed for bad faith and for debtor's failure to comply with virtually all of the court's directives in the case. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on August 11,2017, LexisNexis #1017-052

Bishop, In re--God's Word to the Nations Mission Soc'y, Inc. v. Bishop

Ruling: 
Court held that a portion of the debt was nondischargeable for creditor's failure to present sufficient evidence to find a misrepresentation or deceptive intent by debtor. (Bankr. M.D. Fla.)
ABI Membership is required to access the full summary of Bishop, In re--God's Word to the Nations Mission Soc'y, Inc. v. Bishop. 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 06,2017, LexisNexis #1017-042

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