Southern District

Arthur, In re--Coosemans Miami, Inc. v. Arthur

Ruling: 
Defendants' debt to the plaintiff could not be excepted from discharge where PACA trust wasnot a technical trust as the defendants were not required to segregate trust assets from nontrustassets and could use trust assets for their own purposes. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on August 07,2018, LexisNexis #1018-074

Benedicto, In re

Ruling: 
Objections to confirmation of chapter 13 plans sustained where plans included balloonpayments which were periodic payments incompatible with equal monthly paymentrequirement. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on June 29,2018, LexisNexis #0818-024

Mariano v. Simpson Thacher & Bartlett, LLP, In re

Ruling: 
No risk of collateral estoppel was present as the parties in the bankruptcy case differed fromthe parties in the state court action as plaintiff was not a party to the bankruptcy case. (Bankr.S.D. Fla.)
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Commercial case opionion summary, case decided on June 26,2018, LexisNexis #0818-025

Williams, In re

Ruling: 
Payments under settlement agreement were exempt as the agreement created a new andseparate disability policy. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on June 26,2018, LexisNexis #0818-006

Benedicto, In re

Ruling: 
Objections to confirmation of chapter 13 plans sustained where plans included balloonpayments which were periodic payments incompatible with equal monthly paymentrequirement. (Bankr. S.D. Fla.)
ABI Membership is required to access the full summary of Benedicto, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 29,2018, LexisNexis #0818-024

Mariano v. Simpson Thacher & Bartlett, LLP, In re

Ruling: 
No risk of collateral estoppel was present as the parties in the bankruptcy case differed fromthe parties in the state court action as plaintiff was not a party to the bankruptcy case. (Bankr.S.D. Fla.)
ABI Membership is required to access the full summary of Mariano v. Simpson Thacher & Bartlett, LLP, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on June 26,2018, LexisNexis #0818-025

Williams, In re

Ruling: 
Payments under settlement agreement were exempt as the agreement created a new andseparate disability policy. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on June 26,2018, LexisNexis #0818-006

Kumar, In re

Ruling: 
Fees and expenses awarded with various reductions. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on May 30,2018, LexisNexis #0718-004

Thal, In re

Ruling: 
Court ruled that IRS violated the discharge injunction of both debtors where its interceptionof funds proved to be intentional. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on May 01,2018, LexisNexis #0618-015

Hadfeg, In re

Ruling: 
Court ruled that the special rights of Florida condominium associations to collect associationfees and assessments does not trump the preclusive effect of a "cure" plan confirmed withoutobjection. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on April 30,2018, LexisNexis #0618-025

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