Florida

Migell, In re

Ruling: 
Attorney representing debtor's mother violated the automatic stay by failing to withdraw his pleadings seeking to seize or place a lien on the debtor's homestead. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on September 26,2018, LexisNexis #1118-031

Rollaguard Sec., LLC, In re-Furr v. TD Bank, N.A.

Ruling: 
Trustee's motion to file amended complaints was denied as court concluded that it would befutile because regular deposits into debtors' own unrestricted bank accounts were nottransfers. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on October 01,2018, LexisNexis #1118-001

Taylor, Bean & Whitaker Mortg. Corp., In re--Luria v. Thunderflower, LLC

Ruling: 
Transfer avoidance denied as the summary-judgment standard precluded the court frominferring actual intent. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on September 28,2018, LexisNexis #1118-017

Kenny, In re--Bryant v. Kenny

Ruling: 
Judgment debt could not be excepted from discharge where plaintiff failed to provejustifiable reliance as it required something more than a mere onetime oral conversation.(Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on August 30,2018, LexisNexis #1018-072

Arthur, In re--Coosemans Miami, Inc. v. Arthur

Ruling: 
Defendants' debt to the plaintiff could not be excepted from discharge where PACA trust wasnot a technical trust as the defendants were not required to segregate trust assets from nontrustassets and could use trust assets for their own purposes. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on August 07,2018, LexisNexis #1018-074

Cardoso, In re--Eadie v. Cardoso

Ruling: 
Revocation of debtor's discharge was denied where plaintiff failed to prove that he did not know about the fraudulent events before discharge was granted. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on August 15,2018, LexisNexis #0918-112

Gilland, In re

Ruling: 
Automatic stay was lifted nunc pro tunc to allow Army and Air Force Exchange Service to setoff debtor's federal income tax withholdings. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on August 09,2018, LexisNexis #0918-096

Mongelluzzi, In re--Welch v. Regions Bank

Ruling: 
Deposit transfers that were unrelated to the payment of overdrafts were not transfers subject to avoidance. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on July 18,2018, LexisNexis #0818-108

RMS Titanic, Inc., In re

Ruling: 
Creditor's motion for appointment of chapter 11 trustee was denied as the sale proponents should be permitted to develop their liquidation plans in accordance with the procedures of chapter 11. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on June 29,2018, LexisNexis #0818-113

Falkner, In re

Ruling: 
Bankruptcy plan proposed under chapter 11 could not be confirmed until court resolved claim as debtor failed to turn over proceeds of an oil claim and a claim under the PACA. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on April 20,2018, LexisNexis #0818-114

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