Dec
20
2022
Weakley Bayou, Inc., In re
Ruling:
Bankruptcy court dismissed case as the lease-purchase validity issue could be handled in statecourt without running afoul of the bankruptcy court's jurisdictional limits. (Bankr. N.D. Fla.)
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Commercial case opionion summary, case decided on December 20,2022, LexisNexis #0223-066
Dec
05
2022
Payroll Mgmt., In re--Payroll Mgmt. v. Fla. Self-Insurers Guar. Ass'n
Ruling:
Motion to amend dismissal order and enlarge time to file an amended adversary complaintwas denied as the dismissal order became final and appealable when the order's deadline tofile an amended complaint expired. (Bankr. N.D. Fla.)
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Commercial case opionion summary, case decided on December 05,2022, LexisNexis #0223-023
Dec
07
2022
Carmichael, In re
Ruling:
Bankruptcy court requested that the state court include, in any judgment against the debtor,findings on the elements of nondischargeability as including such findings would avoidanother trial on the same issues. (Bankr. N.D. Fla.)
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Consumer case opionion summary, case decided on December 07,2022, LexisNexis #0223-002
Aug
29
2022
Nystrand, In re--Nystrand v. Kingdom of Sweden
Ruling:
Defendant's motion for summary judgment was properly granted as debtor did not make goodfaith efforts to repay educational loan. (Bankr. N.D. Fla.)
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Commercial case opionion summary, case decided on August 29,2022, LexisNexis #1022-086
Jul
29
2022
Campbellton-Graceville Hosp. Corp., In re--Glade v. Carbonell
Ruling:
Creditors were entitled to remand of their state court proceedings where trustee's untimelyremoval was inapplicable. (Bankr. N.D. Fla.)
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Commercial case opionion summary, case decided on July 29,2022, LexisNexis #0922-074
Jun
10
2022
Rooks, In re--Rooks v. St. Matthew's Univ., Inc.
Ruling:
Debtor lacked standing to pursue claims against university not related to dischargeability ofstudent loan debt as all causes of belonging to the debtor at the commencement of thebankruptcy case were property of the bankruptcy estate. (Bankr. N.D. Fla.)
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Consumer case opionion summary, case decided on June 10,2022, LexisNexis #0922-061
Jul
06
2022
Dorand, In re--Estate of Moss v. Dorand
Ruling:
State court judgment against debtor resulting from a failed real estate development projectwas dischargeable as there were no specific factual findings and the bankruptcy court couldnot infer fraud. (Bankr. N.D. Fla.)
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Consumer case opionion summary, case decided on July 06,2022, LexisNexis #0822-088
Jun
28
2021
Phillips, In re--Arnold v. Phillips
Ruling:
Creditor ordered to show cause in writing why summary judgment should not be entered infavor of debtor absent evidence sufficient to prove that debt was for willful and maliciousinjury by debtor to the property of another entity. (Bankr. N.D. Fla.)
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Consumer case opionion summary, case decided on June 28,2021, LexisNexis #1021-039
Aug
10
2021
Sehman, In re
Ruling:
Debtor's motion for sanctions for violation of the automatic stay was granted as debtor met hisburden to prove that the creditor and the attorneys knew the automatic stay was in place andintended every act that violated the stay. (Bankr. N.D. Fla.)
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Consumer case opionion summary, case decided on August 10,2021, LexisNexis #0921-083
Jul
20
2021
Gilbert, In re--Nutrien Ag Sols, Inc. v. Gilbert
Ruling:
Debt was not nondischargeable as no evidence supported a finding that debtor'srepresentation in the assignment that he was signing on behalf of his nephew pursuant to apower of attorney was materially false. (Bankr. N.D. Fla.)
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Consumer case opionion summary, case decided on July 20,2021, LexisNexis #0921-009
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