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southern district of florida

Khan, In re--Panjwani v. Khan

Ruling
State court jury verdict was not entitled to collateral estoppel effect as the jury specifically found that the defendants did not fraudulently induce the plaintiff to make a particular investment. (Bankr. S.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on March 06, 2023 , LexisNexis #0523-009

Calixto, In re

Ruling
Debtor was entitled to reopen her Chapter 13 case so that she could file amendedbankruptcy schedules to disclose a post-confirmation personal injury claim that she had notpreviously disclosed. (Bankr. S.D. Fla.)
Issue(s)
Closing and Reopening Cases; When to Reopen.

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Consumer opinion summary, case decided on January 31, 2023 , LexisNexis #0323-079

Furr v. Adv. Proc. No. 22-01190-EPK Olen Props. Corp. (Quantum Park Prop. Owners' Ass'n)

Ruling
Owners’ association’s relinquishment of property rights via termination of declaration ofprotective covenants constituted a transfer under both federal and state law that could be heldfraudulent. (Bankr. S.D. Fla.)
Issue(s)
Fraudulent Transfers and Obligations.

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Commercial opinion summary, case decided on January 05, 2023 , LexisNexis #0323-010

Vital Pharms., Inc., In re

Ruling
Temporary amendment that extended the time period to assume unexpired nonresidential leases applied in all Chapter 11 cases filed in the relevant period. (Bankr. S.D. Fla.)
Issue(s)
Confirmation of Plan.

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Commercial opinion summary, case decided on December 27, 2022 , LexisNexis #0723-005

Vital Pharms., Inc., In re

Ruling
Appointment of a second unsecured creditors committee denied. (Bankr. S.D. Fla.)
Issue(s)
Creditors' and Equity Security Holders' Committees; Appointment; Additional

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Commercial opinion summary, case decided on December 27, 2022 , LexisNexis #0223-091

No Rust Rebar, Inc., In re

Ruling
Items not presented to the bankruptcy court for consideration, not mentioned in the trustee’sobjection, and not mentioned during the hearing were stricken from the appellate record.(Bankr. S.D. Fla.)
Issue(s)
Record on Appeal; Sealed Documents.

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Commercial opinion summary, case decided on November 30, 2022 , LexisNexis #0223-022

American Purchasing Servs., In re

Ruling
Chapter 7 trustee's request to extend his statutory deadlines to commence certain actions wasdenied as he failed to demonstrate sufficiently egregious actions by the litigation targets toobtain extraordinary relief. (Bankr. S.D. Fla.)
Issue(s)
Limitations on Avoiding Powers; Statute of Limitations.

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Commercial opinion summary, case decided on November 21, 2022 , LexisNexis #0123-092

Xiao Ling, In re--Guang Zu Wang v. Xiao Ling

Ruling
Court excepted plaintiff's claim from discharge as debtor never intended to follow through onthe joint venture and never intended to pay plaintiff back. (Bankr. S.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.

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Consumer opinion summary, case decided on October 20, 2022 , LexisNexis #1222-082

Hazelton Trust, In re

Ruling
Chapter 11 bankruptcy case was dismissed as the debtor did not meet the qualifications of abusiness trust and the case was filed in bad faith. (Bankr. S.D. Fla.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.

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Consumer opinion summary, case decided on October 13, 2022 , LexisNexis #1222-092

Iglesias, In re

Ruling
Motion for the production of documents referenced in the examiner's reports was deniedwithout prejudice as those documents had not been filed with the court. (Bankr. S.D. Fla.)
Issue(s)
Public Access to Papers.

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Consumer opinion summary, case decided on September 29, 2022 , LexisNexis #1222-026