Judge Mark

Montenegro, In re

Ruling: 
Chapter 13 debtor was allowed to modify her confirmed plan to refinance debt on appreciatednon-exempt real property and use the proceeds to pay secured and unsecured creditors early.(Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on December 13,2023, LexisNexis #0224-071

Platt, In re

Ruling: 
Spouse was entitled to relief from the automatic stay to allow the state court to enter adissolution judgment determining the respective interests of the debtor and the spouse in thehome and marital assets. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on December 15,2023, LexisNexis #0224-030

Garcia, In re

Ruling: 
Trustee's objections to confirmation of the above-median debtor's Chapter 13 plan weresustained due to debtor’s improper deductions. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on November 27,2023, LexisNexis #0124-087

Sanomedics, Inc., In re

Ruling: 
Creditors were unable to share in the distribution as they received sufficient notice of the finalreport and the proposed distributions but failed to timely file claims. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on November 27,2023, LexisNexis #0124-068

Sanomedics, Inc., In re

Ruling: 
Creditors were unable to share in the distribution as they received sufficient notice of the finalreport and the proposed distributions but failed to timely file claims. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on November 27,2023, LexisNexis #0124-068

Keyes, In re

Ruling: 
Creditor was barred by the applicable statute of limitations from including in its claim anyinstallment payments and applicable late charges that came due more than five years prior tothe petition date. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on September 01,2021, LexisNexis #1023-029

SAM Industrias S.A., In re

Ruling: 
Crime-fraud exception to the attorney-client privilege applied to allow a foreign representativeto compel production of documents from the debtor's American counsel relating to thecreation, management, use, and dissolution of the trust. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on July 26,2023, LexisNexis #0923-074

Greenhouse, In re

Ruling: 
Motion to enforce final judgment of dissolution of marriage was granted to the extent it wasexempted from the automatic stay. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on June 29,2022, LexisNexis #0822-054

Soler, In re

Ruling: 
Court had the authority to enjoin the debtors from filing any further bankruptcy cases relatingto two properties as debtors were bad-faith, vexatious litigants. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on April 08,2022, LexisNexis #0622-026

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

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