Middle District

In re Southwest Fla. Heart Group P.A.

In a chapter 11 case, before the court was trustee's motion to assume lease agreement and lease agreement addendum involving an unexpired non-residential lease entered into by debtor and creditor.
Ruling: 
Motion to assume lease was denied since creditor had ownership interest and trustee could not sell property free and clear of that interest.
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In re Schneider

A chapter 13 matter was before the court upon debtor's Objection to Claim Two of claimant, his ex-spouse.
Ruling: 
Court rejected debtor's objections to the debtor's ex-wife's claim since, pursuant to Rule 3001(a), the claim substantially conformed with Official Form 10.
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Johnson v. Greene (In re Greene)

Plaintiff judgment creditors brought an adversary proceeding against defendant bankruptcy debtor, objecting to the debtor's discharge under 11 U.S.C. § 727(a)(2), (3) and (4) because the debtor concealed ownership of cattle, failed to maintain records of his income, and failed to list assets on his schedules. The court conducted a trial.
Ruling: 
Creditors' objection to debtor's discharge were overruled since there was no evidence of fraudulent intent but rather lack of sophistication and business experience.
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Southard v. Educ. Credit Mgmt. Corp. (In re Southard)

Plaintiff, a chapter 7 debtor, sought a discharge of his educational loans pursuant to 11 U.S.C. § 523(a)(8). Defendant was the creditor.
Ruling: 
Debtor was not granted an undue hardship discharge of the debtor's student loans since the debtor failed to prove that the debtor was living a minimal lifestyle without unnecessary expenses.
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Mellor v. Washuta (In re Mellor)

Plaintiff debtor filed an adversary proceeding against defendant, his former spouse, to determine the dischargeability pursuant to 11 U.S.C. § 523(a)(5) of attorney fees and costs incurred in connection with his divorce and owed to his former spouse. The issue was whether the fees were in the nature of alimony or child support.
Ruling: 
Attorney fees and costs related to a divorce and owed to debtor's former spouse were nondischargeable since they were related to child support issues.
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Hydro Partners LLC v. Gilberti (In re Gilberti)

Plaintiff creditor sued defendant debtor. Count I alleged that the debtor was not entitled to discharge pursuant to 11 U.S.C. § 727(a)(4). Count II alleged that the debtor was not entitled to a discharge pursuant to 11 U.S.C. § 727(a)(2)(B). Count III asserted that the debt was excepted from discharge pursuant to 11 U.S.C. § 523(a)(2). The creditor moved for summary judgment. The debtor cross-moved for summary judgment on Count I.
Ruling: 
Debt was deemed nondischargeable since state court judgment satisfied elements of section 523(a)(2).
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Manuel v. Walker (In re Zimmer)

The case was before the court upon plaintiff chapter 7 trustee's complaint against defendant transferees seeking to avoid and recover a transfer of real property pursuant to 11 U.S.C. § 548.
Ruling: 
Trustee was entitled to avoid property transfer since it was clear the parents of one of the debtors had intended to transfer more than bare legal title.
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In re Proud Mary Marina Corp.

Debtor, the operator of a mobile home park, and a proposed purchaser each presented a competing chapter 11 plan of reorganization. Debtor also moved for estimation of application for payment of the administrative expense claims of the proposed purchaser. The contestants disputed whether the plans satisfied the "good faith" requirement and the "feasibility" requirements set forth in 11 U.S.C. § 1129(a)(3) and (11).
Ruling: 
Purchaser of debtor's property's chapter 11 plan was confirmable while the debtor's plan was not confirmable since it failed good faith and feasibility requirements.
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In re Kelly

The United States Trustee filed a motion to convert debtors' reopened chapter 13 case to chapter 7 for the administration of undisclosed assets.
Ruling: 
Fraud was not grounds for converting chapter 13 case after confirmation completion and discharge.
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In re Davenport

The debtor filed a motion to be excused from complying with the prepetition credit counseling requirement of 11 U.S.C. § 109(h), alleging only that certain "exigent circumstances" — the imminent repossession of the debtor's truck — made prepetition credit counseling "meaningless." Two days after filing the petition, the debtor did receive the approved credit counseling.
Ruling: 
Debtor was not excused from prepetition credit counseling requirement despite exigent circumstances because the debtor failed to make a prefiling request for counseling.
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