- 11 U.S.C.
Fletcher, In re
Jan
21
2025
Ruling
Consent judgment explicitly made no factual findings other than the amount of the debt, so there were no issues actually litigated to which collateral estoppel could apply. (Bankr. S.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
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:
Seawalk Invs., LLC, In re
Jan
16
2025
Ruling
Debtor’s attorney’s fees disallowed to the extent not reasonably necessary to enforce debtor’s obligations under loan. (Bankr. M.D. Fla.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.
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:
Sticky Holsters, Inc., In re
Jan
13
2025
Ruling
Creditor had a direct claim to his share of payments, characterized by debtor as distributions, stemming from the debtor's breach of fiduciary duty. (Bankr. M.D. Fla.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate.
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Court
:
- 11 U.S.C.
Ellingsworth Residential Cmty. Ass'n, Inc., In re--Guan v. Ellingsworth Residential Cmty. Ass'n, Inc.
Jan
13
2025
Ruling
Not-for-profit homeowners association was an eligible Subchapter V debtor as eligibility is not limited to for-profit entities. (11th Cir.)
Issue(s)
Definitions; “Small Business Debtor”.
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Court
:
- 28 U.S.C.
700 Trust, In re
Jan
10
2025
Ruling
Transfer of case was appropriate as it would promote judicial economy and provide all parties the ability to receive a fair trial. (Bankr. N.D. Fla.)
Issue(s)
Change of Venue.
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Daly, In re
Jan
08
2025
Ruling
Further prosecution of prepetition action was barred by the discharge injunction but claims for declaratory relief unrelated to personal liability could proceed. (Bankr. S.D. Fla.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief.
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- 11 U.S.C.
700 Trust, In re
Dec
27
2024
Ruling
Court gave full faith and credit to another bankruptcy court’s order precluding the automatic stay from applying for four years in any case filed by an entity claiming an interest in a certain property. (Bankr. N.D. Fla.)
Issue(s)
Automatic Stay; Relief from Stay; Scheme to Delay, Hinder and Defraud Creditors With Claims Secured by Real Property.
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:
Wilson, In re--McGriff Ins. Servs., LLC v. Wilson
Dec
26
2024
Ruling
Motion to dismiss denied because debtor’s actions in filing just prior to expected adverse ruling in district court case was not indicative of bad. (Bankr. M.D. Ga.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.
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Farnham, In re
Dec
20
2024
Ruling
Debtor's right to dismiss was superior to arguments concerning the debtor's eligibility for Chapter 13 as long as the case was not previously converted. (Bankr. M.D. Ga.)
Issue(s)
Conversion or Dismissal; Dismissal on Request of Debtor.
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Rahien NaySaun Little, In re
Dec
19
2024
Ruling
Only the Chapter 7 trustee has standing to bring a turnover action for nonexempt property of the estate. (Bankr. D.S.C.)
Issue(s)
Turnover of Property to the Estate; Delivery of Property to Trustee.
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