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southern district of florida

Milberg, In re

Ruling
Court concluded that the case was not filed in good faith and the amended plan that providedno payments to creditors while debtor litigated the validity of their claims was not proposedin good faith. (Bankr. S.D. Fla.)
Issue(s)
Confirmation of Plan.

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Consumer opinion summary, case decided on December 13, 2023 , LexisNexis #0224-018

Banyan Cay Resort & Golf, LLC, In re

Ruling
Secured creditor was entitled to be paid from all estate recoveries, no matter the source, untilits claims were paid in full. (Bankr. S.D. Fla.)
Issue(s)
Use, Sale, or Lease of Property.

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Commercial opinion summary, case decided on December 07, 2023 , LexisNexis #0224-006

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.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial

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Consumer opinion 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.)
Issue(s)
Distribution of Property of the Estate; Order of Distribution; Allowed Unsecured

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Commercial opinion 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.)
Issue(s)
Distribution of Property of the Estate; Order of Distribution; Allowed Unsecured

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Commercial opinion summary, case decided on November 27, 2023 , LexisNexis #0124-068

Daly, In re--Daly v. Daly

Ruling
Debtor did not owe purported creditors any debt that could be excepted from discharge asthey failed to prove any claim. (Bankr. S.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.

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Consumer opinion summary, case decided on November 08, 2023 , LexisNexis #0124-034

Royalty Invs. & Fin., LLC, In re--Furr v. George

Ruling
Creditor failed to prove a lack of reasonably equivalent value and could not avoid the allegedfraudulent transfer of property. (Bankr. S.D. Fla.)
Issue(s)
Fraudulent Transfers and Obligations.

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Commercial opinion summary, case decided on October 26, 2023 , LexisNexis #1223-089

Wolfson, In re

Ruling
New evidence was not grounds to reopen where the record was replete with debtors’concealment that justified conversion. (Bankr. S.D. Fla.)
Issue(s)
Conversion or Dismissal; For Cause.

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Consumer opinion summary, case decided on October 19, 2023 , LexisNexis #1223-097

Vital Pharms., In re

Ruling
Debtor's S corporation election was property of the estate and protected by the automatic stay.(Bankr. S.D. Fla.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Commercial opinion summary, case decided on October 06, 2023 , LexisNexis #1223-028

Nat'l Fin. Holdings, Inc., In re--Menotte v. Keough

Ruling
Fraudulent transfer and recovery claims fell into the nebulous category of causes of action thatwere statutorily "core" but for which intervening constitutional concerns weighed in supportof district court trial adjudication. (Bankr. S.D. Fla.)
Issue(s)
Bankruptcy Cases and Proceedings.

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Commercial opinion summary, case decided on September 14, 2023 , LexisNexis #1123-072