Bankruptcy Court

Juravin, In re--FTC v. Juravin

Ruling: 
FTC proved by more than a preponderance of the evidence that debtor intended to deceiveconsumers by marketing his weight-loss products while knowing they did not work aspromoted. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on October 27,2020, LexisNexis #1220-039

Parrella, In re--Metcoff v. Parrella

Ruling: 
Debt was non-dischargeable due to debtor’s violation of state unfair trade practices act. (Bankr.D. Conn.)
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Consumer case opionion summary, case decided on October 28,2020, LexisNexis #1220-040

Da Liquidating Corp., In re--Miller v. Easy Star Records

Ruling: 
Preference proceeding dismissed due to insufficient factual allegations. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on October 26,2020, LexisNexis #1220-041

Ellingsworth Residential Cmty. Ass’n, In re

Ruling: 
Subchapter V plan confirmed as fair and equitable where there was a high likelihood thedebtor would make payments and the plan provided adequate protection to creditors.(Bankr. M.D. Fla.)
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Commercial case opionion summary, case decided on October 16,2020, LexisNexis #1220-019

Cruz, In re

Ruling: 
Chapter 13 plan did not meet the best interest of creditors test as debtors had not shown thatthe plan distributed property a claim that was not less than creditors would receive if thehome were sold in a Chapter 7 liquidation. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on October 12,2020, LexisNexis #1220-020

Whitfield, In re

Ruling: 
Motion to modify the debtor's Chapter 13 plan was allowed as trust proceeds receivedfollowing death of debtor’s mother were properly included in the bankruptcy estate. (Bankr.E.D.N.C.)
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Consumer case opionion summary, case decided on October 16,2020, LexisNexis #1220-021

NNN 400 Capital Ctr. 16, LLC, In re--NNN 400 Capital Ctr., LLC v. Wells Frago Bank, N.A.

Ruling: 
Motion to request taxable costs granted were the costs sought were allowable andreasonably necessary to the litigation. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on October 21,2020, LexisNexis #1220-023

Podwinski, In re

Ruling: 
Debtor's motion for judgment on the pleadings as to equitable tolling of Rule 4007(c) wasdenied as creditors were entitled to their day in court to try to meet their burden of provingfacts to support their request for an extension. (Bankr. D. Neb.)
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Consumer case opionion summary, case decided on October 19,2020, LexisNexis #1220-024

Orosco, In re

Ruling: 
Court denied debtors' motion to allow the late-filed amended claim of the creditor as debtorhad not alleged cause or excusable neglect. (Bankr. N.D. Tex.)
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Consumer case opionion summary, case decided on October 09,2020, LexisNexis #1220-025

Coughlin, In re

Ruling: 
Motions to enforce stay dismissed as 11 U.S.C §§ 106 and 101(27) lacked the requisite clarityof intent to abrogate tribal sovereign immunity. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on October 19,2020, LexisNexis #1220-001

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