Judge Funk

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.)
ABI Membership is required to access the full summary of Sepielli, In re. 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 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.)
ABI Membership is required to access the full summary of First Fla. Living Options, LLC, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.)
ABI Membership is required to access the full summary of Rumptz, In re--Jones v. Rumptz. 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 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.)
ABI Membership is required to access the full summary of Ferris, In re. 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 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.)
ABI Membership is required to access the full summary of Frillman, In re. 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 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.)
ABI Membership is required to access the full summary of Collins, In re. 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 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.)
ABI Membership is required to access the full summary of Taylor, Bean & Whitaker Mortg. Corp., In re--Luria v. Thunderflower, LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.)
ABI Membership is required to access the full summary of Kenny, In re--Bryant v. Kenny. 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 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.)
ABI Membership is required to access the full summary of Monahan, In re--Monahan v. Fore River, L.L.C.. 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 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.)
ABI Membership is required to access the full summary of Real, In re. 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 April 30,2018, LexisNexis #0618-009

Pages

Subscribe to Judge Funk