- 11 U.S.C.
No Rust Rebar, Inc., In re
Aug
29
2022
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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Court
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- 11 U.S.C.
FF Fund I, L.P., In re--Kapila v. F1 Gen. Trading Partners, L.P.
Aug
22
2022
Ruling
Motion for stay of criminal proceeding was granted in part as hiring an expert witness oralternative corporate representative would not avoid certain loss to the moving defendants.(Bankr. S.D. Fla.)
Issue(s)
Fraudulent Transfers and Obligations.
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Roach, In re
Aug
16
2022
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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Court
:
- 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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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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Cabot, In re
Aug
02
2022
Ruling
Collateral estoppel was applicable only to the extent that state court findings were identical tobankruptcy code requirements for nondischargeability. (Bankr. S.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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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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Albertsson, In re
Jul
12
2022
Ruling
Debt was dischargeable as creditor did not provide either that the debtor's allegedmisrepresentations occurred at all or that it actually relied on the alleged misrepresentations.(Bankr. S.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.
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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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