11th Circuit

LaCroix, In re

Ruling: 
State department of Revenue's continued collection efforts violated the terms of the confirmedChapter 13 plan. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on August 09,2021, LexisNexis #1021-049

Dees, In re--NewRez LLC v. Dees

Ruling: 
Creditor loan servicer was entitled to stay relief because it had a colorable claim to enforce thenote and security deed. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on August 12,2021, LexisNexis #1021-030

Simmons, In re--Creative Enters. HK v. Simmons

Ruling: 
Unscheduled creditor's debt was not excepted from discharge because the creditor's late proofof claim was filed in time to share in the distribution from the estate if assets were recovered.(Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on August 24,2021, LexisNexis #1021-038

Phillips, In re--Arnold v. Phillips

Ruling: 
Creditor ordered to show cause in writing why summary judgment should not be entered infavor of debtor absent evidence sufficient to prove that debt was for willful and maliciousinjury by debtor to the property of another entity. (Bankr. N.D. Fla.)
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Consumer case opionion summary, case decided on June 28,2021, LexisNexis #1021-039

Hopkins, In re

Ruling: 
Debtor's counsel sanctioned for failure to appear at hearings and did not provide anyexplanation in response to order to show cause. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on August 16,2021, LexisNexis #1021-026

218 Jackson LLC, In re

Ruling: 
Subchapter V trustee was not disinterested where it held an interest materially adverse todebtor’s principal in another case. (Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on August 17,2021, LexisNexis #1021-016

Perine, In re

Ruling: 
Court declined to modify the plan to increase the percentage on unsecured claims as theinsurance proceeds were a substitute for the wrecked vehicle, not new assets or valuecoming into the estate. (Bankr. S.D. Ala.)
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Consumer case opionion summary, case decided on June 28,2021, LexisNexis #1021-021

Rivera, In re

Ruling: 
Court lacked jurisdiction to reopen case to strip the second mortgage from the condo thathad vested in debtor upon chapter 13 plan confirmation. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on August 16,2021, LexisNexis #1021-023

Prifti, In re--Criswell Chevrolet, Inc. v. Prifti

Ruling: 
Debt was dischargeable because debtor did not intend to defraud the creditor as debtor'seffort to sell his own car fell through. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on August 16,2021, LexisNexis #1021-007

Sehman, In re

Ruling: 
Debtor's motion for sanctions for violation of the automatic stay was granted as debtor met hisburden to prove that the creditor and the attorneys knew the automatic stay was in place andintended every act that violated the stay. (Bankr. N.D. Fla.)
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Consumer case opionion summary, case decided on August 10,2021, LexisNexis #0921-083

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