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11th circuit

Speedway Auto Sales 27, In re

Ruling
Creditor sanctioned for its willful violations of the automatic stay as the creditor had actualnotice of the bankruptcy filing based on phone calls and conversations with the debtor'sattorneys and law enforcement. (Bankr. M.D. Fla.)
Issue(s)
Automatic Stay.

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Commercial opinion summary, case decided on July 16, 2024 , LexisNexis #0924-056

Hall, In re

Ruling
Court declined to recharacterize the debt as equity as plaintiffs failed to prove fraudulentinducement. (Bankr. M.D. Fla.)
Issue(s)
Power of Court; Issuance of Necessary or Appropriate Order, Process, or Judgment.

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Consumer opinion summary, case decided on July 11, 2024 , LexisNexis #0924-027

Sticky Holsters, In re

Ruling
Minority shareholder violated the automatic stay by filing a motion in limine in state courtaction to preclude debtor from offering evidence that the shareholder's claims were derivativeand therefore property of the estate. (Bankr. M.D. Fla.)
Issue(s)
Automatic Stay; Scope; Acts to Obtain Property.

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Consumer opinion summary, case decided on July 10, 2024 , LexisNexis #0924-031

Miller, In re--Bakst v. JRS Health Servs., LLC

Ruling
Court held that the transfers were of an interest of the debtor's own property as the debtor'sentity had an obligation to pay the glove manufacturer completely separate from the vendor'sobligation to pay the entity. (Bankr. S.D. Fla.)
Issue(s)
Fraudulent Transfers and Obligations.

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Consumer opinion summary, case decided on July 02, 2024 , LexisNexis #0924-015

Rogers, In re

Ruling
Trustee's motion to sell assets owned by separate legal entities not in bankruptcy denied.(Bankr. N.D. Fla.)
Issue(s)
Use, Sale, or Lease of Property.

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Consumer opinion summary, case decided on July 01, 2024 , LexisNexis #0924-058

M.V.J. Auto World, Inc., In re

Ruling
Subchapter V plan that was not accepted by an impaired class of creditors confirmed as nonconsensual. (Bankr. S.D. Fla.)
Issue(s)
Confirmation of Plan; Terms.

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Commercial opinion summary, case decided on June 21, 2024 , LexisNexis #0824-097

Maison Royale, LLC, In re

Ruling
The fact that the money in court registry was described in the schedules as inventoryliquidation proceeds did not preclude the creditor from asserting his claim as a lender. (Bankr.E.D. La.)
Issue(s)
Proof of Claim; Evidentiary Effect.

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Commercial opinion summary, case decided on June 18, 2024 , LexisNexis #0824-100

Burdock & Assocs., In re

Ruling
Creditor's claim exceeding $14 million was unliquidated, allowing debtor to proceed underSubchapter V. (Bankr. M.D. Fla.)
Issue(s)
Definitions; Debtor.

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Commercial opinion summary, case decided on June 14, 2024 , LexisNexis #0924-019

Tampa Hyde Park Café Props., LLC, In re

Ruling
Debtor's summary judgment motion objecting to IRS's unsecured claim for alter ego's unpaidtaxes denied. (Bankr. M.D. Fla.)
Issue(s)
Use, Sale, or Lease of Property; When Property May Be Sold Free and Clear of Any

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Commercial opinion summary, case decided on June 05, 2024 , LexisNexis #0824-030

Hussing, In re--Pampa Bevs., LLC v. Hussing

Ruling
Creditor failed to show that debtor owed it a fiduciary duty as it was not well establishedunder state law that an employee owed a fiduciary duty to his or her employer.(Bankr. S.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Commercial opinion summary, case decided on May 28, 2024 , LexisNexis #0724-089