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Hinners v. Argent Corp.

Ruling
Bankruptcy court properly found that state court judgment for fraudulent misrepresentation established nondischargeability of debt.
Issue(s)
Did bankruptcy court err in holding finding that collateral estoppel applied to state court judgment of fraudulent misrepresentation for purposes of nondischargeability?

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Consumer opinion summary, case decided on May 19, 2014 , LexisNexis #0614-053

General Lending Corp. v. Cancio

Ruling
Creditor's untimely objection to debtor's eligibility properly barred by bankruptcy court.
Issue(s)
Did the laches bar imposed by the bankruptcy court to creditor's eligibility challenge under 11 U.S.C.S. § 109(e) eliminate a statutory condition of confirmation?

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Consumer opinion summary, case decided on January 29, 2014 , LexisNexis #0714-001

Mittman v. Salkin (In re VoIP Inc.)

Ruling
Bankruptcy court's approval of settlement was in best interests of estate and not in error.
Procedural posture

Chapter 7 trustee filed a motion in the United States Bankruptcy Court for the Southern District of Florida to compromise controversy regarding preferential and fraudulent transfer proceedings. The bankruptcy court granted the motion. Creditors sought review.

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Commercial opinion summary, case decided on June 26, 2012 , LexisNexis #0712-101

In re VOIP Inc.

Ruling
Approval of settlement with group of lenders in involuntary case allowed to go forward.
Procedural posture

Appellee trustee entered into a settlement with certain parties regarding fraudulent transfer claims. The settlement was approved by the United States Bankruptcy Court for the Southern District of Florida. Appellant lender group appealed. The trustee moved to dismiss the appeal as equitably moot.

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Commercial opinion summary, case decided on October 31, 2011 , LexisNexis #1111-089

General Lending Corp. v. Cancio

Ruling
Bankruptcy court acted within discretion in reopening case based on proffer by debtor's counsel regarding excusable neglect in filing chapter 13 plan.
Procedural posture

Appellee debtors filed a motion in the United States Bankruptcy Court for the Southern District of Florida to reopen and reinstate their Chapter 13 bankruptcy case, which had been dismissed for failure to timely file a plan. The bankruptcy court conditionally granted the motion and reinstated the case upon payment of fees incurred by appellant creditor. The creditor appealed.

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Consumer opinion summary, case decided on September 22, 2011 , LexisNexis #1011-101