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Southern District

Merkel, In re

Ruling: 
Creditor's motion to dismiss debtor's case denied where she did not establish debtor's alleged improper pre-petition conduct and therefore failed to show debtor had acted in bad faith. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on September 07,2018, LexisNexis #0219-084

Trujillo, In re

Ruling: 
Corporate defendants were property of the bankruptcy estate as trustee established equitable ownership and the debtor and his wife were the only recipients of distributions from the various corporate defendants. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on January 02,2019, LexisNexis #0219-035

Hane, In re--Coltefinanciera, S.A. v. Hane

Ruling: 
Defendant's motion for partial summary judgment was granted as bank's position that thedebtor's allegedly false statements, misrepresentations and non-disclosures was inconsistentwith the express provisions of the statute. (Bankr. S.D. Fla.)
ABI Membership is required to access the full summary of Hane, In re--Coltefinanciera, S.A. v. Hane. 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 December 27,2018, LexisNexis #0219-008

Brandt, In re

Ruling: 
Court denied debtor's motion to dismiss insurance company's nondischargeability claim asthere were sufficient facts that he committed defalcation while acting in a fiduciary capacity.(Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on January 03,2019, LexisNexis #0219-011

Aguero, In re

Ruling: 
Court allowed amended claim for an unsecured deficiency even though it was filed afterconfirmation as allowance benefitted debtor. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on December 12,2018, LexisNexis #0219-019

Providence Fin. Invs., Inc., In re--Yip v. Perez

Ruling: 
Trustee was entitled to recover amount in commission payments that exceeded contract rate. (Bankr. S.D. Fla.)
ABI Membership is required to access the full summary of Providence Fin. Invs., Inc., In re--Yip v. Perez. 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 October 15,2018, LexisNexis #1118-080

Rollaguard Sec., LLC, In re-Furr v. TD Bank, N.A.

Ruling: 
Trustee's motion to file amended complaints was denied as court concluded that it would befutile because regular deposits into debtors' own unrestricted bank accounts were nottransfers. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on October 01,2018, LexisNexis #1118-001

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

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