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Weakley Bayou, Inc., In re

Ruling
Bankruptcy court dismissed case as the lease-purchase validity issue could be handled in statecourt without running afoul of the bankruptcy court's jurisdictional limits. (Bankr. N.D. Fla.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.

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Commercial opinion summary, case decided on December 20, 2022 , LexisNexis #0223-066

Dorand, In re--Estate of Moss v. Dorand

Ruling
State court judgment against debtor resulting from a failed real estate development projectwas dischargeable as there were no specific factual findings and the bankruptcy court couldnot infer fraud. (Bankr. N.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on July 06, 2022 , LexisNexis #0822-088

Stokes, In re

Ruling
Debtor was not entitled to turnover of a sailboat as creditor had a maritime lien over the vesselmaking it property of the estate until lien was fully established and paid. (Bankr. E.D.N.C.)
Issue(s)
Exemptions.

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Consumer opinion summary, case decided on June 09, 2022 , LexisNexis #0822-061

Hatu, In re--Angell v. Southco Distrib. Co.

Ruling
Creditor could not pursue or assert new liens against property of bankruptcy estate without afurther order terminating the stay as to the estate as creditor never held a valid claim againstdebtor's wife. (Bankr. E.D.N.C.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate; All Legal or Equitable

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Consumer opinion summary, case decided on May 05, 2022 , LexisNexis #0722-011

Lowry, In re--Apollo Medflight, LLC v. Lowry

Ruling
Debt was nondischargeable where creditor justifiably relied on the assurances of the debtor'ssister that the insurance check would be forwarded to the creditor upon receipt. (Bankr.E.D.N.C.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on October 05, 2021 , LexisNexis #1221-009

U.S. Tobacco Coop., Inc., In re

Ruling
Appointment of official special committee for certified class action plaintiffs was deniedsince the class was adequately represented. (Bankr. E.D.N.C.)
Issue(s)
Creditors' and Equity Security Holders' Committees; Appointment; Additional

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Commercial opinion summary, case decided on August 20, 2021 , LexisNexis #1021-013

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.)
Issue(s)
Modification of Plan After Confirmation.

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Consumer opinion summary, case decided on June 28, 2021 , LexisNexis #1021-021

Pugh, In re--Pugh v. Selene Fin. LP

Ruling
Bankruptcy court recommended that the district court withdraw the reference of adversaryproceeding that did not allege violations of the Bankruptcy Code. (Bankr. S.D. Ala.)
Issue(s)
Procedures; Withdrawal of Reference by District Court.

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Consumer opinion summary, case decided on March 02, 2021 , LexisNexis #0521-099

Dyson, In re--Dyson v. NewRez, LLC

Ruling
Bankruptcy court recommended that the district court withdraw the reference of adversaryproceeding because there was no allegation of any violation of the Bankruptcy Code. (Bankr.S.D. Ala.)
Issue(s)
Procedures; Withdrawal of Reference by District Court.

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Consumer opinion summary, case decided on February 24, 2021 , LexisNexis #0521-049

Dyson, In re--Dyson v. NewRez, LLC

Ruling
Bankruptcy court recommended that the district court withdraw the reference of adversaryproceeding because there was no allegation of any violation of the Bankruptcy Code. (Bankr.S.D. Ala.)
Issue(s)
Procedures; Withdrawal of Reference by District Court.

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Consumer opinion summary, case decided on February 24, 2021 , LexisNexis #0521-049