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11th circuit

RLSV, Inc., In re

Ruling
Creditor’s claim was discharged and bound by the plan provisions where the creditor filed a timely proof of claim rather than exempting herself due to lack of proper notice. (Bankr. M.D. Fla.)
Issue(s)
Effect of Discharge.

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Commercial opinion summary, case decided on March 19, 2025 , LexisNexis #0525-087

Tate, In re--Munir v. Tate

Ruling
Court denied debtor's discharge due to debtor's willful refusal to obey court order to transfer property back to LLC, evidenced by intent to sell property instead. (Bankr. M.D. Fla.)
Issue(s)
Discharge; Grounds for Denial; Refusal to Obey Court Order; Any Lawful Order.

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Consumer opinion summary, case decided on March 11, 2025 , LexisNexis #0525-040

Campanella, In re

Ruling
Reconsideration of stay relief denied as debtors' failure to raise argument about additional collateral securing creditor's claim at the initial hearing was not due to mistake, inadvertence, surprise, or excusable neglect. (Bankr. S.D. Fla.)
Issue(s)
Automatic Stay; Relief from Stay.

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Consumer opinion summary, case decided on February 28, 2025 , LexisNexis #0525-006

Ivankovich Family LLC, In re--Ivankovich v. Ivankovich

Ruling
Abstention from proceeding regarding ownership of debtors’ marital property was appropriate as the issues were governed by state law and had been pending for years in state divorce proceeding. (Bankr. S.D. Fla.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.

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Commercial opinion summary, case decided on February 26, 2025 , LexisNexis #0425-096

Thomas, In re

Ruling
Power company and executor of debtor’s mother’s estate did not violate the automatic stay by terminating service on account in the mother’s name at mother’s property where debtor resided. (Bankr. S.D. Ga.)
Issue(s)
Automatic Stay; Scope.

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Consumer opinion summary, case decided on February 25, 2025 , LexisNexis #0425-080

Sampson, In re--Sampson v. Est. of Inglett

Ruling
Court ruled that annulling stay and validating foreclosure was appropriate given the particular facts of the case. (Bankr. S.D. Ga.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on February 21, 2025 , LexisNexis #0425-078

Harris, In re

Ruling
Debtor's income and asset information was inconsistent and insufficient to demonstrate eligibility for fee waiver. (Bankr. M.D. Fla.)
Issue(s)
Bankruptcy Fees; Waiver; Chapter 7 Debtor With Insufficient Income.

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Consumer opinion summary, case decided on February 17, 2025 , LexisNexis #0425-097

Thomas, In re

Ruling
Trustee exercised sound business judgment in the proposed sale of the property as there was no evidence of improper motive, the sale price was likely the highest and best offer, and the sale procedures were adequate and fair. (Bankr. S.D. Ga.)
Issue(s)
Use, Sale, or Lease of Property; Notice and Hearing.

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Consumer opinion summary, case decided on January 23, 2025 , LexisNexis #0325-081

Gividen, In re--Robb v. Gividen

Ruling
Creditors failed to sufficiently allege facts to state plausible claims for nondischargeabilty under the applicable pleading standards. (Bankr. N.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on January 22, 2025 , LexisNexis #0325-087

Grass, In re

Ruling
Court found the language of the hanging paragraph ambiguous and looked to legislative history, which indicated Congress intended to provide more protection to creditors with purchase money security interests. (Bankr. M.D. Fla.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.

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Consumer opinion summary, case decided on January 21, 2025 , LexisNexis #0325-096