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Digregorio, In re

Ruling
Trustee was granted summary judgment disapproving debtor's bifurcated fee agreement as itran afoul of the requirement that a petition be accompanied by a filing fee. (Bankr. M.D. Fla.)
Issue(s)
Filing Fee.

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Consumer opinion summary, case decided on October 19, 2022 , LexisNexis #1222-100

Fernandez, In re--Fernandez v. IRS

Ruling
Debtor's tax debt was dischargeable where debtor's initial failure to pay his taxes was theresult of a mistake, the debtor dealt with the IRS in good faith, and the debtor did not attemptto conceal assets. (Bankr. M.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Taxes; Fraud or Evasion.

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Consumer opinion summary, case decided on August 23, 2022 , LexisNexis #1022-084

Jenkins, In re--Edwards Moving & Rigging, Inc. v. Jenkins

Ruling
Co-debtor's noncompete violation did not constitute willful and malicious injury as he left theformer employer based on the strain the work-related travel was placing on his family. (Bankr.M.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on April 14, 2022 , LexisNexis #0622-035

Suwaity, In re--Gargula v. Suwaity

Ruling
Creditors did not meet their burden of proving inadequate records as a witness specificallytestified that based on her review of the records the debtor did keep, she was able to ascertainthe nature of his transactions. (Bankr. M.D. Fla.)
Issue(s)
Discharge.

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Consumer opinion summary, case decided on March 31, 2022 , LexisNexis #0622-017

Davis, In re

Ruling
Debtor's bankruptcy counsel’s referral fee for special counsel was subject to prohibitionagainst fee sharing. (Bankr. M.D. Fla.)
Issue(s)
Sharing of Compensation.

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Consumer opinion summary, case decided on March 31, 2022 , LexisNexis #0622-007

Bauer, In re

Ruling
Debtors were entitled to claim as exempt property annuity proceeds that became property ofthe estate postpetition. (Bankr. M.D. Fla.)
Issue(s)
Exemptions; Choice Between Federal and State Law.

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Consumer opinion summary, case decided on March 31, 2022 , LexisNexis #0622-008

All Sorts of Servs. of Am., Inc., In re

Ruling
Court overruled debtor's objection and determined debtor was liable for the other entity's taxdebt as a successor corporation. (Bankr. M.D. Fla.)
Issue(s)
Allowance of Claims or Interests.

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Commercial opinion summary, case decided on June 29, 2021 , LexisNexis #0821-030

Fundamental Long Term Care, Inc., In re

Ruling
Law firm's application for hourly fees granted pursuant to settlement order. (Bankr. M.D. Fla.)
Issue(s)
Compensation of Officers; Determination of Amount.

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Commercial opinion summary, case decided on April 22, 2021 , LexisNexis #0621-004

Fundamental Long Term Care, Inc., In re

Ruling
Court would not alter the terms of trustee's contingent fee agreement with the law firms as theagreement was approved in advance and the terms of the arrangement had not proved to beimprovident by subsequent developments in the case. (Bankr. M.D. Fla.)
Issue(s)
Limitation on Compensation of Professional Persons; Professionals Employed by Trustee

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Commercial opinion summary, case decided on March 30, 2021 , LexisNexis #0521-053

Mallett, In re--Mallett v. Mallett

Ruling
Loan used to pay off debtor's original "qualified education loans" was nondischargeable.(Bankr. M.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Educational Loans; Other

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Consumer opinion summary, case decided on March 23, 2021 , LexisNexis #0521-037