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Middle District

Velazquez, In re

Ruling: 
Court ordered LLC to modify its corporate training manual for reaffirmation agreements as the LLC violated Rule 9011(b)(3) by making factual contentions regarding the value of the debtors' collateral without sufficient evidentiary support. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on May 17,2017, LexisNexis #0717-059

Cascone, In re

Ruling: 
Order that established the debtor's child support arrearage was not void as a violation of the automatic stay because the collection action was excepted from the stay. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on May 18,2017, LexisNexis #0717-038

Aldrovandi,In re

Ruling: 
Court reduced attorneys' fees for creditor as fees and costs requested were excessive andunreasonable because there was a general duplication of efforts. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on June 01,2017, LexisNexis #0717-005

Kraz LLC, In re

Ruling: 
Debtor was entitled to damages against a bank that forced the debtor to file a bankruptcy to stop a foreclosure and has continued with a "heads I win, tails you lose" approach in bankruptcy. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on April 18,2017, LexisNexis #0517-091

Smith, In re

Ruling: 
Trustee's motion to approve settlement granted where debtor was unable to provide any basis for excluding the settlement payment from the estate. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on March 09,2017, LexisNexis #0517-100

Print Harmony, LLC, In re

Ruling: 
Landlord's rejection damages claim denied where the landlord's breach of the lease agreement essentially forced debtor to reject the lease. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on April 04,2017, LexisNexis #0517-036

Steigrnan, In re--Bemacchi v. Steigrnan

Ruling: 
Plaintiff's claim was not excepted from the debtor's discharge where parties' testimony at trial did not establish that debtor fraudulently represented that he would share the cost and ownership of the home. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on April 04,2017, LexisNexis #0517-045

Utter, In re--Croasmun v. Utter

Ruling: 
Debt was dischargeable where dishonored repayment check issued by the debtors did not establish fraudulent intent. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on March 22,2017, LexisNexis #0417-102

Tinseth, In re

Ruling: 
Debtor's receipt of payments from his granddaughter did not preclude him from claiming theproperty as exempt as the payments were used to pay the mortgage on the property. (Bankr.M.D. Fla.)
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Consumer case opionion summary, case decided on March 03,2017, LexisNexis #0417-005

Bailey, In re--Bailey v. Deutsche Bank Nat'l Trust Co.

Ruling: 
Debtor could strip junior lien from her personal residence where the amount owned on thesenior mortgage exceeded the value of the property, debtor was the sole owner, and the juniormortgage ws subject to a modifcation. (Bankr. M.D. Fla.)HOLDINGS; [1]-Debtor could strip defendant's second mortgage from her residential property pursuantto 11 U.S.C.S. § 506(a) and § 1322(b) because the amount owed on the senior mortgage exceeded the valueof the property, debtor was the sole owner of the property, and the second mortgage was a claim indebtor's bankruptcy that was subject to modification under § 506(a) and § 1322(b); [2]-The formerhusband's personal liability on the mortgage debt was not affected by the stripping of the lien in debtor'sbankruptcy case, however, because his personal liability and the associated remedies were separate anddistinct from defendant's claim against the property.Bailey, In re--Bailey v. Deutsche Bank Nat'l Trust Co., 2017 Bankr. LEXIS 429 (Bankr. M.D. Fla. February 13, 2017) (Glenn, B.J.).
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Consumer case opionion summary, case decided on February 13,2017, LexisNexis #0317-068

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