Skip to main content

Page Banner(Taxonomy)

judge mcewen 0

Zebrowski, In re--GFRS Equip. Leasing Fund II, LLC v. Zebrowski

Ruling
Debt partially non-dischargeable for willful and malicious injury through wrongful concealment of leased equipment after failed replevin attempt. (Bankr. M.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.

ABI Membership is required to access the full summary of Zebrowski, In re--GFRS Equip. Leasing Fund II, LLC v. Zebrowski Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on October 15, 2024 , LexisNexis #0125-013

Eagleford Recycling Servs., In re

Ruling
Creditor was not entitled to prejudgment interest as it failed to demonstrate that the amountowed on its final judgment was not the subject of a good-faith dispute. (Bankr. M.D. Fla.)
Issue(s)
Allowance of Claims or Interests.

ABI Membership is required to access the full summary of Eagleford Recycling Servs., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on August 03, 2023 , LexisNexis #0923-085

Minawi, In re

Ruling
Debtor was not entitled to recover sanctions against his landlord for willful violation of the automatic stay as he did not prove that he suffered any actual damages. (Bankr. M.D. Fla.)
Issue(s)
Automatic Stay.

ABI Membership is required to access the full summary of Minawi, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 14, 2023 , LexisNexis #0723-027

Bitman, In re

Ruling
Actions regarding debtor's interest in property violated the automatic stay where certificate ofsale was received after filing of debtor's bankruptcy petition. (Bankr. M.D. Fla.)
Issue(s)
Automatic Stay.

ABI Membership is required to access the full summary of Bitman, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 28, 2021 , LexisNexis #0721-052

Moffitt, In re--Trujillo v. Moffitt

Ruling
Plaintiff's complaint to determine dischargeability of a debt was untimely filed and did notrelate back to the filing of the Corporate Statement as the Corporate Statement failed to satisfythe pleading requirements of a § 523(a)(6) complaint. (Bankr. M.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

ABI Membership is required to access the full summary of Moffitt, In re--Trujillo v. Moffitt Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 28, 2020 , LexisNexis #0221-037

Maniscalco, In re

Ruling
Denial of discharge denied as creditor failed to prove that debtor knowingly and fraudulentlymisstated the value of his equity interest as alleged in Count II of the complaint so as toconstitute a false oath. (Bankr. M.D. Fla.)
Issue(s)
Discharge; Grounds for Denial; Fraud.

ABI Membership is required to access the full summary of Maniscalco, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on October 15, 2020 , LexisNexis #1120-92

Falkner, In re

Ruling
Bankruptcy plan proposed under chapter 11 could not be confirmed until court resolved claim as debtor failed to turn over proceeds of an oil claim and a claim under the PACA. (Bankr. M.D. Fla.)
Issue(s)
Confirmation of Plan; Requirements; Proponent’s Compliance with Title 11.

ABI Membership is required to access the full summary of Falkner, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 20, 2018 , LexisNexis #0818-114