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Appling, In re--Appling v. Lamar, Archer & Cofrin, LLP

Ruling
Debt to creditor was dischargeable where debtor's false statements about a single asset werenot in writing. (11th Cir.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Financial Statement.

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Court :
Consumer opinion summary, case decided on February 15, 2017 , LexisNexis #0317-072

Lunsford, In re--Lunsford v. Techs. Servs., LLC

Ruling
Debt to the investor was nondischargeable as debt was caused by debtor's violation ofsecurities laws. (11th Cir.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debt Relating to Securities Violations; Federal or Common Law.

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Court :
Consumer opinion summary, case decided on February 15, 2017 , LexisNexis #0317-074

Green Point Credit LLC v. McLean (In re McLean)

Ruling
Creditor violated the discharge injunction by filing a proof of claim for debt that was discharged in debtor's prior bankruptcy case.
Issue(s)
Did creditor violate the discharge injunction by filing a proof of claim in the debtors' current bankruptcy to collect a debt that was discharged in their previous bankruptcy case?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on July 23, 2015 , LexisNexis #0815-088

Iberiabank v. Geisen (In re FFS Data Inc.)

Ruling
Confirmed chapter 11 plan's release of debtor's president who guaranteed a loan was effective to bar creditor's claims against the president.
Issue(s)
Did debtor's chapter 11 plan release bank's claims against debtor's president?

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on January 23, 2015 , LexisNexis #0215-099

Iberiabank v. Geisen (In re FFS Data Inc.)

Ruling
Confirmed chapter 11 plan's release of debtor's president who guaranteed a loan was effective to bar creditor's claims against the president.
Issue(s)
Did debtor's chapter 11 plan release bank's claims against debtor's president?

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on January 23, 2015 , LexisNexis #0215-099

Senior Transeastern Lenders v. Official Comm. of Unsecured Creditors (In re TOUSA Inc.)

Ruling
Debtor's subdivisions' transfer of liens to secure debtor's loans were fraudulent and could be avoided.
Procedural posture

In an adversary action, the bankruptcy court avoided a transfer of liens by debtor subsidiaries, to secure payment of a debt owed by another debtor, their parent, as fraudulent under 11 U.S.C.S. § 548. The United States District Court for the Southern District of Florida quashed the bankruptcy court's order. The transferees appealed. The unsecured creditors' committee appealed.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on May 15, 2012 , LexisNexis #0612-024

Waldron v. Brown (In re Waldron)

Ruling
Bankruptcy court did not abuse discretion in requiring debtor to amend schedule of assets to include property acquired postconfirmation.
Procedural posture

Appellant debtors sought review of a judgment of the District Court for the Southern District of Georgia affirming a bankruptcy ruling in favor of appellee trustee that one of the debtor's post-confirmation claims for underinsured-motorist benefits were property of the bankruptcy estate and that the debtors were required to amend their schedule of assets under 11 U.S.C.S. § 1306(a) and Fed. R. Bankr. P. 1009.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on August 04, 2008 , LexisNexis #0808-105

Dzikowski v. National Trust Bank of Fla. (In re Prudential of Fla. Leasing Inc.)

Ruling
Federal common law allowed trustee to seek recovery of funds transferred by debtor to bank as part of a Ponzi scheme.
Procedural posture

Plaintiff chapter 7 trustee for the estate of debtor filed an adversary action against defendant bank to recover under 11 U.S.C. § 550 approximately $900,000 from 11 transfers. The parties both moved for summary judgment. The bankruptcy court granted final summary judgment for the bank. The District Court for the Southern District of Florida affirmed the final summary judgment. The trustee appealed.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on February 13, 2007 , LexisNexis #0307-025