Aug
07
2018
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
Jun
29
2018
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
Jun
26
2018
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
Jun
26
2018
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
Jun
29
2018
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
Jun
26
2018
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
Jun
26
2018
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
May
30
2018
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
May
01
2018
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
Apr
30
2018
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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