Jun
16
2021
Brown, In re
Ruling:
Bifurcated pre-petition and post-petition fee arrangements between debtors and legal counselwere permissible if they were reasonable. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on June 16,2021, LexisNexis #0821-002
May
26
2021
Smith, In re
Ruling:
Deceased debtor's case could not be continued as he did not file a Chapter 13 plan before hedied. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on May 26,2021, LexisNexis #0721-045
Apr
29
2021
Crawford, In re
Ruling:
Debtor's entry into the settlement mooted any compensatory purposes of sanctions andsettlement provided ample redress for any harm she suffered during the case. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on April 29,2021, LexisNexis #0621-052
Apr
29
2021
Villas of Windmill Point II Prop. Owners Ass'n, In re--Osborne v. Lesko
Ruling:
Improperly computed wage claim disallowed on trustee’s objection. (Bankr. S.D. Fla.)The Wage Claim failed as a claim under 11 U.S.C. § 507(a)(4)(A) and must be valued at zero becausedefendant director's asserted hours included time for which he was administratively adjudicated to bedisabled and therefore unable to work and the director's computations did not reflect any reductions inbilled hours for holidays, vacations, or, significantly, his own incarceration; [2]-Trustee's objection to theBonus Claim was sustained because like the Wage Claim, Severance Claim, and Delinquency Claim, itwas the product of ultra vires acts by the directors.Villas of Windmill Point II Prop. Owners Ass'n, In re--Osborne v. Lesko, 2021 Bankr. LEXIS 1144 (Bankr. S.D. Fla.April 29, 2021) (Mora, B.J.).
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Commercial case opionion summary, case decided on April 29,2021, LexisNexis #0621-032
Apr
21
2021
Jimenez, In re--Johnson v. Lovato
Ruling:
Fraudulent transfer proceeding based on state law that would not benefit the estate wasdismissed as bankruptcy court lacked subject matter jurisdiction. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on April 21,2021, LexisNexis #0621-023
Apr
06
2021
Perez, In re
Ruling:
Debtor and debtor’s law firm were liable for sanctions and costs where they were responsiblefor the filing of a petition in bad faith. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on April 06,2021, LexisNexis #0521-074
Mar
10
2021
Campbell, In re--Hoban v. Campbell
Ruling:
Findings of the state court in the restitution order satisfied all requirements under the theoryof collateral estoppel and to accord plaintiff relief with respect to his count alleging exceptionto discharge. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on March 10,2021, LexisNexis #0421-066
Sep
22
2020
Clancy, In re
Ruling:
Secured creditor had no legal or equitable right to recover tax and insurance escrow advancesmade after confirmation of the debtor's Chapter 13 plan as the creditor was bound by theterms of the modified plan under § 1327(a). (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on September 22,2020, LexisNexis #1120-022
Sep
24
2020
Herrmann, In re--Bakst v. Herrmann
Ruling:
Court granted judgment in favor of debtor as to all counts of the complaint and entered astandard order of discharge in Chapter 7 bankruptcy case. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on September 24,2020, LexisNexis #1120-016
Sep
03
2020
Zaman, In re
Ruling:
Debtor's failure to notify creditors or seek court approval of the guarantees at the time ofexecution estopped him from relying upon 11 U.S.C. § 363. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on September 03,2020, LexisNexis #1020-054
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