- 11 U.S.C.
Roach, In re--Conn v. Roach
Aug
16
2022
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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Court
:
Majestic Gardens Condo. C Ass'n, In re
Aug
09
2022
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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Court
:
Gilles, In re
Jul
15
2022
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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Court
:
Le Fande, In re
Jul
08
2022
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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Court
:
- 11 U.S.C.
Outta Control Sportfishing, In re
Jun
29
2022
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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Court
:
No Rust Rebar, Inc., In re
May
23
2022
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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Court
:
Majestic Gardens Condo. C Ass'n, In re
Mar
14
2022
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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Court
:
- 11 U.S.C.
Case, In re--Rosen v. Case
Feb
24
2022
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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Court
:
- 11 U.S.C.
Case, In re--F&F Invs. Grp. v. Case
Feb
23
2022
Ruling
Creditor failed to sufficiently plead a nondischargeable debt for embezzlement as creditorrelied entirely on conclusory statements that were directly contradicted by the contractattached to the amended complaint. (Bankr. S.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or
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Court
:
Bumshteyn, In re--Welt v. Bumshteyn
Jan
12
2022
Ruling
Transfer of adversary proceeding to another district for lack of personal jurisdiction was notwarranted as it would negatively affect the economic and efficient administration of thebankruptcy case. (Bankr. S.D. Fla.)
Issue(s)
Process; Service of Summons, Complaint.
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Court
: