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Judge Hyman

In re Failla

Ruling: 
Debtors who had pledged to surrender property could not defend against state court foreclosure of the property.
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Consumer case opionion summary, case decided on December 19,2014, LexisNexis #0515-114

Gesualdi v. Educational Credit Mgmt. Corp. (In re Gesualdi)

Ruling: 
Student loan debt was nondischargeable absent undue hardship.
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Consumer case opionion summary, case decided on August 06,2013, LexisNexis #0314-118

Burtch v. Avnet Inc. (In re Managed Storage Intl Inc.)

Plaintiff, a chapter 7 trustee, filed a complaint against defendants, a creditor and its successor, seeking to recover an amount as an alleged preference. Defendants filed a motion to dismiss under Fed. R. Civ. P. 12(b)(6).
Ruling: 
Preference proceeding against creditor dismissed due to terms of executed release.
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Commercial case opionion summary, case decided on November 26,2012, LexisNexis #1212-103

In re Spa at Sunset Isles Condominium Assn

Condominium units were in protracted foreclosure proceedings initiated by a mortgagee, during which assessments to maintain the common elements of the condominium were not remitted to bankruptcy debtor condominium association. The debtor moved to surcharge the mortgagee for a pro rata share of the assessments pursuant to 11 U.S.C.S. § 506(c) based on the inclusion of the common elements in the mortgagee's collateral.
Ruling: 
Debtor could surcharge mortgagee for pro rata share of assessments used to maintain condominium.
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Commercial case opionion summary, case decided on July 13,2011, LexisNexis #0911-117

Symantec Corp. v. Cristina (In re Cristina)

Judgment creditor filed an adversary proceeding against defendant chapter 7 debtor, seeking a determination that a judgment it obtained against the debtor in an action it filed in the U. S. District Court for the Southern District of California was nondischargeable under 11 U.S.C.S. § 523(a)(2)(A), (a)(4), and (a)(6). The case was tried to the court.
Ruling: 
Federal court default judgment in case claiming debtor sold counterfeit software was dischargeable.
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Consumer case opionion summary, case decided on February 24,2011, LexisNexis #0411-010

Bakst v. Miller (In re Miller)

After trustee filed an adversary complaint to determine the validity, priority and interest of defendant debtor, a widower, in his elective share in his deceased wife's estate, the parties cross-moved for summary judgment on the issue of whether debtor's interest in the elective share was property of the chapter 7 estate under 11 U.S.C.S. § 541.
Ruling: 
Debtor widower's elective share in deceased spouse's estate was not property of the estate where election was not made until after discharge.
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Consumer case opionion summary, case decided on November 12,2010, LexisNexis #1210-123

Menotte v. United States (In re Custom Contrs. LLC)

Chapter 7 trustee filed an adversary proceeding against defendant United States Government, seeking a determination that payments an LLC made to the Internal Revenue Service before the LLC declared chapter 7 bankruptcy could be avoided under 11 U.S.C.S. §§ 544 and 548 and the Florida Uniform Fraudulent Transfer Act (FUFTA), Fla. Stat. § 726.105 et seq. The Government filed a motion to dismiss the trustee's complaint.
Ruling: 
Trustee could seek to recover prepetition personal tax payments made by owner of LLC with LLC money.
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Commercial case opionion summary, case decided on October 05,2010, LexisNexis #1210-020

Menotte v. Oxyde Chemicals Inc. (In re JSL Chem. Corp.)

Plaintiff, the chapter 7 trustee filed an adversary complaint to avoid and recover an alleged preferential transfer pursuant to 11 U.S.C.S. §§ 547 and 550 in the amount of $ 79,343.35 made by the debtor to defendant creditor, as payment for chemicals the creditor had supplied to the debtor. The parties filed cross-motions for summary judgment.
Ruling: 
Preference period payment made in response to being placed on credit hold was avoidable.
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Commercial case opionion summary, case decided on February 10,2010, LexisNexis #0410-128

In re Boca Village Assn

Debtor was a nonprofit condominium association. Before the court was a creditor's motion to dismiss debtor's chapter 7 case, and a second creditor's motion for joinder in said motion.
Ruling: 
Case dismissed for bad faith due to debtor condominium association's scheme for concealment of assets from creditor.
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Commercial case opionion summary, case decided on December 28,2009, LexisNexis #0310-019

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