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Bunkers Int'l Corp., In re

Ruling
Preference period transfers were avoidable where ordinary course of business andcontemporaneous exchange for new value defenses failed. (Bankr. M.D. Fla.)
Issue(s)
Preferences.

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Commercial opinion summary, case decided on June 07, 2019 , LexisNexis #0819-064

Harris, In re

Ruling
Nonattorney sanctioned and required to disgorge fees collected from debtors as he was a bankruptcy petition preparer. (Bankr. M.D. Fla.)
Issue(s)
Penalty for Persons Who Negligently or Fraudulently Prepare Bankruptcy Petitions.

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Consumer opinion summary, case decided on October 11, 2018 , LexisNexis #1118-063

Carter, In re--They Might Be, Inc. v. Carter

Ruling
Debt was dischargeable as court concluded that while the debtor was probably negligent, he was credible and had no subjective intent to deceive the creditor. (Bankr. M.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on October 10, 2018 , LexisNexis #1118-072

Utter, In re--Croasmun v. Utter

Ruling
Debt was dischargeable where dishonored repayment check issued by the debtors did not establish fraudulent intent. (Bankr. M.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.

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Consumer opinion summary, case decided on March 22, 2017 , LexisNexis #0417-102

Turner v. Stage (In re Stage)

Ruling
Debtor’s continued pursuit of invalid charging lien resulted in nondischargeable debt. (Bankr. M.D. Fla.)
Issue(s)
Whether debtor should be sanctioned for continued pursuit of invalid charging lien?

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Consumer opinion summary, case decided on March 23, 2016 , LexisNexis #1016-085

In re Bremer

Ruling
Debtor's bad acts of damaging property could not be used to negatively affect valuation and eviscerate creditor's liens.
Issue(s)
How should property damaged by debtor and subject to two liens be valued?

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Consumer opinion summary, case decided on March 16, 2016 , LexisNexis #0416-048

In re Arafa

Ruling
Debtor's case dismissed for abuse due to improvement in standard of living and failure to reduce expenses.
Issue(s)
Should case be dismissed for abuse due to debtor's failure to reduce expenses and improved standard of living subsequent to petition date?

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Consumer opinion summary, case decided on November 13, 2015 , LexisNexis #1215-061

In re Hause

Ruling
Clam for lump sum payment to debtor's former spouse owed pursuant to divorce in lieu of alimony was a property settlement not entitled to priority status.
Issue(s)
Was debt owed by debtor to former spouse pursuant to divorce court order for lump sum payment a nondischargeable domestic support obligation?

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Consumer opinion summary, case decided on November 13, 2015 , LexisNexis #1215-084

They Might Be Inc. v. Carter (In re Carter)

Ruling
Dismissed adversary proceeding could be reopened as counsel's calendaring was excusable neglect and lack of prejudice to debtor.
Issue(s)
Whether a court should grant a creditor's motion to reopen an adversary case.

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Consumer opinion summary, case decided on October 05, 2015 , LexisNexis #1215-033

In re Chitwood

Ruling
Order to seal contents of claims settlement agreement vacated in part on motion of U.S. Trustee.
Issue(s)
Should order allowing trustee to file paper under seal be vacated on motion by U.S. Trustee?

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Consumer opinion summary, case decided on July 23, 2015 , LexisNexis #1215-071