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11th circuit

Edgewood Food Mart, In re

Ruling
Plaintiff and plaintiff’s counsel sanctioned for filing complaint against debtor for an improper purpose and without legal basis. (Bankr. N.D. Ga.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of Papers.

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Commercial opinion summary, case decided on December 11, 2024 , LexisNexis #0225-075

Shoulders, In re

Ruling
Motion to reopen to incorporate property sold at tax sale, but allegedly redeemed by debtor, as property of the estate denied absent proof of any redemption. (Bankr. N.D. Ala.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate.

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Consumer opinion summary, case decided on December 11, 2024 , LexisNexis #0225-069

Ezechukwu, In re

Ruling
Debtor’s appeal of sale order dismissed as moot since the debtor had not obtained a stay and the sale had closed. (Bankr. N D. Ga.)
Issue(s)
Use, Sale, or Lease of Property; Protection for Good Faith Purchasers.

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Consumer opinion summary, case decided on December 11, 2024 , LexisNexis #0225-059

D.A.B. Constructors, Inc., In re

Ruling
Automatic stay applied to postpetition fraudulent transfer action filed by creditors in district court. (Bankr. M.D. Fla.)
Issue(s)
Automatic Stay.

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Commercial opinion summary, case decided on December 06, 2024 , LexisNexis #0325-001

Stanford, In re

Ruling
Court determined that the debtors did not receive reasonably equivalent value for loan repayment as the direct and indirect benefits from loan was disproportionately small compared to the amount repaid from condo sale. (Bankr. N.D. Ala.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Transfers Presumed Fraudulent.

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Consumer opinion summary, case decided on November 21, 2024 , LexisNexis #0225-021

GQ NCF-Clermont Cleaners, Inc., In re

Ruling
Debtor's second amended plan of reorganization denied as it was not feasible and not filed in good faith. (Bankr. M.D. Fla.)
Issue(s)
Confirmation of Plan; Requirements; Subsequent Liquidation or Further Reorganization Not Anticipated.

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Commercial opinion summary, case decided on November 18, 2024 , LexisNexis #0225-071

Gq Ncf-Clermont Cleaners, In re

Ruling
Fees owed under prepetition franchise agreement were an administrative expense due to benefits received by debtor prior to rejection. (Bankr. M.D. Fla.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed; Estate Expenses; Preservation of the Estate.

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Commercial opinion summary, case decided on November 18, 2024 , LexisNexis #0225-062

Paredes, In re

Ruling
Professional fees for services rendered pre-petition and not incurred in a transaction with the trustee or debtor-in-possession were not entitled to administrative expense status. (Bankr. M.D. Fla.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed; Estate Expenses; Preservation of the Estate.

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Consumer opinion summary, case decided on November 05, 2024 , LexisNexis #0225-009

Zebrowski, In re--GFRS Equip. Leasing Fund II, LLC v. Zebrowski

Ruling
Debt partially non-dischargeable for willful and malicious injury through wrongful concealment of leased equipment after failed replevin attempt. (Bankr. M.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.

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Commercial opinion summary, case decided on October 15, 2024 , LexisNexis #0125-013

Joshua, In re

Ruling
Immediate return of the debtor's vehicle, which had been repossessed prepetition, was inappropriate and a hearing was required as the debtor had not proposed a treatment for the vehicle securing the creditor's claim or offered adequate protection. (Bankr. N.D. Ga.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on October 04, 2024 , LexisNexis #1224-054