Mar
14
2022
Majestic Gardens Condo. C Ass'n, In re
Ruling:
Debtor's calendaring error was not grounds for an extension of the deadline for filing aSubchapter V plan. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on March 14,2022, LexisNexis #0522-050
Mar
17
2022
Perez, In re
Ruling:
Court erred in finding that the shared responsibility payment for failing to obtain healthinsurance was not a tax measured by income as the SRP was calculated as a percentage ofhousehold income. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on March 17,2022, LexisNexis #0522-036
Mar
14
2022
Cavallino, In re
Ruling:
Landlord was not entitled to except from discharge rents or security deposits it claimed weredue from the debtor's property management company. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on March 14,2022, LexisNexis #0522-015
Feb
24
2022
Case, In re--Rosen v. Case
Ruling:
Motion to dismiss nondischargeability proceeding granted in part and denied in part. (Bankr.S.D. Fla.)
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Consumer case opionion summary, case decided on February 24,2022, LexisNexis #0422-060
Feb
23
2022
Case, In re--F&F Invs. Grp. v. Case
Ruling:
Creditor failed to sufficiently plead a nondischargeable debt for embezzlement as creditorrelied entirely on conclusory statements that were directly contradicted by the contractattached to the amended complaint. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on February 23,2022, LexisNexis #0422-039
Feb
11
2022
Tabor, In re
Ruling:
Denial of discharge as debtor had no interest in trust to conceal and properly assigned hisinterest in the mortgage loan to the trust to secure loans to his real estate enterprise. (Bankr.S.D. Fla.)
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Consumer case opionion summary, case decided on February 11,2022, LexisNexis #0322-094
Jan
24
2022
Visium Techs., Inc., In re--Visium Techs., Inc. v. Tarpon Bay Partners, LLC
Ruling:
Court held that only the "entities" that filed the involuntary petition are "petitioners" that maybe liable for fees, costs, and damages. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on January 24,2022, LexisNexis #0322-053
Jan
12
2022
Bumshteyn, In re--Welt v. Bumshteyn
Ruling:
Transfer of adversary proceeding to another district for lack of personal jurisdiction was notwarranted as it would negatively affect the economic and efficient administration of thebankruptcy case. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on January 12,2022, LexisNexis #0322-024
Jan
03
2022
Vessillo, In re--Vessillo v. SunTrust Bank
Ruling:
Bankruptcy court could not value or determine secured status of property that had beenexempt as a homestead since the petition date and in which the estate no longer had aninterest. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on January 03,2022, LexisNexis #0222-082
Dec
09
2021
Pettengill, In re
Ruling:
Debtor was entitled to avoid the fixing of a creditor's judgment lien that impaired the debtor'shomestead exemption. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on December 09,2021, LexisNexis #0122-087
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