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No Rust Rebar, Inc., In re

Ruling
Buyer's fee simple interest in the property was not property of the estate and the sale proceedsit received on account of its interest were not subject to distribution. (Bankr. S.D. Fla.)
Issue(s)
Distribution of Property of the Estate.

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Commercial opinion summary, case decided on August 29, 2022 , LexisNexis #1122-018

Roach, In re

Ruling
Objection to discharge of debt was overruled as the slim timing exception that might haveallowed the debtor to raise a post-confirmation objection did not apply since the debtoralready certified that she would not object. (Bankr. S.D. Fla.)
Issue(s)
Effect of Confirmation; Parties Bound by Confirmed Plan.

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Consumer opinion summary, case decided on August 16, 2022 , LexisNexis #1022-040

Roach, In re--Conn v. Roach

Ruling
Children's motion for summary judgment as to their defalcation claim was granted as themother was willfully blind to a substantial and unjustifiable risk of the terms of the LandTrust Agreement would violate her fiduciary duty. (Bankr. S.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or

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Consumer opinion summary, case decided on August 16, 2022 , LexisNexis #1022-031

Majestic Gardens Condo. C Ass'n, In re

Ruling
Court refused to vacate dismissal of adversary proceeding due to lack of timely service. (Bankr.S.D. Fla.)
Issue(s)
Process; Service of Summons, Complaint; Summons

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Consumer opinion summary, case decided on August 09, 2022 , LexisNexis #1022-019

Gilles, In re

Ruling
Debtor's filing of a second Chapter 13 case before her pending bankruptcy case wasdismissed violated the single estate rule and invoked concerns of bad faith and abuse ofprocess. (Bankr. S.D. Fla.)
Issue(s)
Automatic Stay; Duration.

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Consumer opinion summary, case decided on July 15, 2022 , LexisNexis #0922-003

Le Fande, In re

Ruling
Bankruptcy court lacked discretion to retain jurisdiction in adversary proceeding as dismissalof main case left the creditor without standing to pursue nondischargeability. (Bankr. S.D. Fla.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.

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Consumer opinion summary, case decided on July 08, 2022 , LexisNexis #0822-094

Outta Control Sportfishing, In re

Ruling
Debtor's case was dismissed as it was filed to circumvent procedural hurdles in district court.(Bankr. S.D. Fla.)
Issue(s)
Conversion or Dismissal.

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Commercial opinion summary, case decided on June 29, 2022 , LexisNexis #0822-068

No Rust Rebar, Inc., In re

Ruling
Chapter 11 case converted to Chapter 7 as the debtor’s principal comingled assets and theproposed Subchapter V plan was materially insufficient. (Bankr. S.D. Fla.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.

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Commercial opinion summary, case decided on May 23, 2022 , LexisNexis #0722-071

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.)
Issue(s)
Computing and Extending Time; Time for Motion Papers; Enlargement; In

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Commercial opinion summary, case decided on March 14, 2022 , LexisNexis #0522-050

Case, In re--Rosen v. Case

Ruling
Motion to dismiss nondischargeability proceeding granted in part and denied in part. (Bankr.S.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on February 24, 2022 , LexisNexis #0422-060