Judge Mark

Itapemirim, In re

Ruling: 
Movant had standing to prosecute the motion to dismiss because he qualified as an entityaffected by the recognition order. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on March 10,2020, LexisNexis #0420-073

Viacao Itapemirim, S.A., In re

Ruling: 
Foreign representative excused from producing documents and appearing for examination asthere was no cause to allow such discovery. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on October 10,2019, LexisNexis #1219-048

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

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

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

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

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

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

Sanomedics, Inc., In re

Ruling: 
Court quashed creditor’s discovery request as it was for the improper purpose of assisting its affiliate in a nonbankruptcy litigation. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on March 27,2018, LexisNexis #0518-093

Sixty One Sixty, LLC, In re

Ruling: 
Award of sanctions was not warranted as the court did not find that the debtor and itsmembers knew, or reasonably believed, that they were filing the petition for an improperpurpose. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on April 11,2018, LexisNexis #0518-088

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