Feb
25
2019
160 Royal Palm, In re
Ruling:
Debtor's motion to limit credit bidding granted where creditor had neither a lien nor anallowed claim and was not permitted to credit bid under the explicit text of 11 U.S.C. § 363(k).(Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on February 25,2019, LexisNexis #0419-029
Feb
15
2019
Campbell, In re
Ruling:
Trustee's objection to debtor's plan overruled where debtor's ad valorem taxes were nothousehold expenses and were properly deducted as part of marital adjustment. (Bankr. S.D.Fla.)
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Consumer case opionion summary, case decided on February 15,2019, LexisNexis #0419-022
Mar
05
2019
Forever Propane Sales & Serv., In re
Ruling:
Court refused to reconsider its abstention decision where it lacked district court's FLSAexperience and expertise, and FLSA claim was contingent, unliquidated and disputed. (Bankr.S.D. Fla.)
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Commercial case opionion summary, case decided on March 05,2019, LexisNexis #0519-002
Sep
07
2018
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
Jan
02
2019
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
Dec
27
2018
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.)
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Consumer case opionion summary, case decided on December 27,2018, LexisNexis #0219-008
Jan
03
2019
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
Dec
12
2018
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
Oct
15
2018
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.)
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Commercial case opionion summary, case decided on October 15,2018, LexisNexis #1118-080
Oct
01
2018
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
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