Jul
27
2020
Mamedes, In re--Del Franco v. Mamedes
Ruling:
Court concluded that the settlement which merely provided for a stream of payments to bemade by defendant to plaintiff was not an executory contract under either the Countryman testor the functional analysis test. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on July 27,2020, LexisNexis #0920-005
Jul
23
2020
Am. Res. Mgmt. Grp., LLC (DE, In re--Mukamal v. Scottsdale Ins. Co.
Ruling:
Insurer's motion to withdraw reference was denied where determination of insurer’s duty todefend was best left in the bankruptcy court that had presided over the related cases for morethan a year. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on July 23,2020, LexisNexis #0920-020
Apr
23
2020
Reynolds, In re--Mehdipour v. JPMorgan Chase Bank, N.A.
Ruling:
Motion to dismiss denied where bankruptcy court's authority to determine whether fundswere estate property created a basis for subject matter jurisdiction. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on April 23,2020, LexisNexis #0620-065
Apr
17
2020
Lyubarsky, In re
Ruling:
Debtor husband who suffered from anxiety and provided evidence of emotional distresscaused by creditor's demands in violation of the automatic stay was due emotional distressdamages. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on April 17,2020, LexisNexis #0620-029
Apr
10
2020
Grandparents.com, Inc., In re--Rizack v. Starr Indem. & Liab. Co.
Ruling:
Fraudulent conveyance claim was not subject to dismissal where transfer made under theterms of a contract is not always for reasonably equivalent value. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on April 10,2020, LexisNexis #0620-015
Mar
10
2020
Itapemirim, In re
Ruling:
Movant had standing to prosecute the motion to dismiss because he qualified as an entityaffected by the recognition order. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on March 10,2020, LexisNexis #0420-073
Feb
19
2020
Golan, In re
Ruling:
Debtor's counsel violated the automatic stay as counsel failed to observe crucial safeguardsdesigned to protect all parties in interest. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on February 19,2020, LexisNexis #0420-006
Feb
07
2020
Arista Imaging of N. Miami, LLC, In re
Ruling:
Chapter 11 petitions dismissed as the supermajority of the members of the debtor LLC did notconsent to the initiation of the cases. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on February 07,2020, LexisNexis #0320-074
Jan
13
2020
Storick, In re
Ruling:
Debtor's assertion after ten years that debt was dischargeable was barred by laches. (Bankr.S.D. Fla.)
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Consumer case opionion summary, case decided on January 13,2020, LexisNexis #0220-057
Oct
10
2019
Viacao Itapemirim, S.A., In re
Ruling:
Foreign representative excused from producing documents and appearing for examination asthere was no cause to allow such discovery. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on October 10,2019, LexisNexis #1219-048
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