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Judge Ozerden

SPCP Group LLC v. Norton

Appellant, appellee debtors' largest unsecured creditor, challenged a decision of the U.S. Bankruptcy Court for the Middle District of Florida, which confirmed the plans of reorganization of the debtors.
Ruling: 
Absolute priority rule did not apply to prevent individual chapter 11 debtor from retaining property over objection of unsecured creditor.
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Consumer case opionion summary, case decided on September 21,2011, LexisNexis #1011-100

Edwards v. Huntington Ingalls Inc.

Following severance of his claims from another case, plaintiff employee, who had previously filed for chapter 13 bankruptcy, filed a complaint against defendant employer, alleging racial discrimination and harassment. Defendant moved for summary judgment based on judicial estoppel.
Ruling: 
Unscheduled employment discrimination claims were judicially estopped.
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Consumer case opionion summary, case decided on August 29,2011, LexisNexis #0911-089

Shook v. Winn-Dixie Montgomery Leasing LLC

Plaintiff wife sued defendants, a grocery store and related entities, and alleged a claim on the basis of respondeat superior, negligence, and a claim based on res ipsa loquitur. Plaintiff husband sought damages for loss of consortium. The husband and wife moved for summary judgment on the issue of liability. The store and entities filed a motion for partial summary judgment to preclude the husband's claims based on his bankruptcy discharge.
Ruling: 
Loss of consortium cause of action not disclosed in bankruptcy could be dismissed.
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Consumer case opionion summary, case decided on December 04,2009, LexisNexis #1209-122

Bridgewater v. Northrup Grumman Ship Sys.

Defendant employer filed motions to substitute exhibits and for summary judgment in plaintiff employee's suit alleging that the employer maintained a racially hostile work environment in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the Civil Rights Act of 1866, 42 U.S.C. § 1981. The employee sought monetary as well as injunctive and declaratory relief.
Ruling: 
Employment discrimination suit dismissed as not disclosed in debtor's bankruptcy.
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Consumer case opionion summary, case decided on November 29,2007, LexisNexis #1207-135
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