Judge Funk

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

Rumptz, In re--Jones v. Rumptz

Ruling: 
Motion objecting to debtor's discharge denied where debtor did not transfer property withinthe year prior to the petition date or after the petition date with the intent to hinder, delay, ordefraud creditors. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on May 12,2020, LexisNexis #0620-094

Ferris, In re

Ruling: 
Creditor willfully violated the discharge injunction by failing to properly credit debtors'mortgage payments. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on December 06,2019, LexisNexis #0120-043

Frillman, In re

Ruling: 
Settlement of motion for sanctions was approved as it was reasonable and in proportion to theattorney's failure to provide his clients with adequate representation and administrativeburdens that his conduct had placed. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on September 13,2019, LexisNexis #1119-028

Collins, In re

Ruling: 
Trustee failed to overcome state's presumption that trailer was owned in tenancy by theentirety as debtor and his wife had identical and complete interest in the trailer. (Bankr. M.D.Fla.)
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Consumer case opionion summary, case decided on March 27,2019, LexisNexis #0519-081

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

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