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District of florida

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

Phelps, In re

Ruling
Debtor's second amended Chapter 13 plan failed to pass the "best interest of creditors" test.(Bankr. M.D. Fla.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Value of Property Distributed No

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Consumer opinion summary, case decided on September 30, 2023 , LexisNexis #1223-098

Kissimmee Condos P'ship, LLC, In re

Ruling
Bankruptcy court awarded attorneys' fees and costs to the creditor as the prevailing partypursuant to the attorneys' fee provision in the purchase and sale contract. (Bankr. M.D. Fla.)
Issue(s)
Allowance of Claims or Interests; Rejection of Executory Contracts or Unexpired Leases.

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Commercial opinion summary, case decided on September 29, 2023 , LexisNexis #0124-060

Kissimmee Condos P'ship, LLC, In re

Ruling
Bankruptcy court awarded attorneys' fees and costs to the creditor as the prevailing partypursuant to the attorneys' fee provision in the purchase and sale contract. (Bankr. M.D. Fla.)
Issue(s)
Allowance of Claims or Interests; Rejection of Executory Contracts or Unexpired Leases.

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Commercial opinion summary, case decided on September 29, 2023 , LexisNexis #0124-060

Ferry, In re

Ruling
Debtor's equitable estoppel defense regarding the distribution of certain proceeds from thesale of real property failed as she did not demonstrate that she detrimentally changed herposition in reliance on an estoppel letter. (Bankr. M.D. Fla.)
Issue(s)
Allowance of Claims or Interests.

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Consumer opinion summary, case decided on September 28, 2023 , LexisNexis #1223-029

English, In re

Ruling
Debtor's admission that he filed Chapter 7 to avoid paying a deficiency judgment did notmerit dismissal of the case for bad faith. (Bankr. M.D. Fla.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; For Cause.

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Consumer opinion summary, case decided on September 22, 2023 , LexisNexis #1123-093

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

Joseffy, In re

Ruling
Debtor could retain exempt property without paying unsecured creditors in full as exemptproperty is not property of the estate. (Bankr. S.D. Fla.)
Issue(s)
Confirmation of Plan; Cramdown; Fairness and Equity; Unsecured Claims.

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Consumer opinion summary, case decided on September 08, 2023 , LexisNexis #1123-044

America-CV Station Grp., Inc., In re

Ruling
Debtor's objection to claims of attorney-client privilege or work product doctrine with respectto documents contained in privilege log sustained in part and overruled in part.(Bankr. S.D. Fla.)
Issue(s)
General Provisions Governing Discovery.

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Commercial opinion summary, case decided on September 06, 2023 , LexisNexis #1023-098