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middle district of florida

Cesar-Barbosa, In re

Ruling
Debtor’s reckless driving did not meet willfulness standard for nondischargeability because court found no evidence of intent or knowledge that injury was substantially certain. (Bankr. M.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to Another Entity or Property of Another Entity.

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Consumer opinion summary, case decided on August 11, 2025 , LexisNexis #1125-011

Jordan, In re--Idahosa v. Jordan

Ruling
Debt was dischargeable absent sufficient evidence of fraud, embezzlement, or malice. (Bankr. M.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on August 07, 2025 , LexisNexis #1125-008

Faris, In re

Ruling
Chapter 13 plan confirmed after debtor successfully rebutted the presumption of ownership of real property by establishing a resulting trust through clear and convincing evidence. (Bankr. M.D. Fla.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Value of Property Distributed No Less Than if Estate Were Liquidated.

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Consumer opinion summary, case decided on July 15, 2025 , LexisNexis #1025-046

Center for Special Needs Trust Admin., Inc., In re

Ruling
Automatic stay did not extend to claims by beneficiary of special needs trust against parties who invested trust funds with debtor. (Bankr. M.D. Fla.)
Issue(s)
Automatic Stay.

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Commercial opinion summary, case decided on July 14, 2025 , LexisNexis #1025-076

Torres, In re

Ruling
Reopening the bankruptcy case would not provide any benefit, as the debtor can assert discharge as an affirmative defense in the pending state court case. (Bankr. M.D. Fla.)
Issue(s)
Closing and Reopening Cases; When to Reopen.

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Consumer opinion summary, case decided on June 23, 2025 , LexisNexis #0825-078

Siriphokha, In re

Ruling
Reaffirmation agreement was not in debtor's best interest as debt significantly exceeded the value of automobile, leaving a substantial portion unsecured. (Bankr. M.D. Fla.)
Issue(s)
Effect of Discharge; Reaffirmation Agreements.

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Consumer opinion summary, case decided on June 20, 2025 , LexisNexis #0825-090

Hudson, In re

Ruling
Court found that the Debtors' income was insufficient to make the payments under the reaffirmation agreement after accounting for expenses. (Bankr. M.D. Fla.)
Issue(s)
Effect of Discharge.

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Consumer opinion summary, case decided on June 12, 2025 , LexisNexis #0825-088

Commercial Express, In re

Ruling
Settlements with third parties in Chapter 7 case conditioned on a bar orders against future claims were not precluded by Purdue Pharma. (Bankr. M.D. Fla.)
Issue(s)
Compromise and Arbitration.

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Consumer opinion summary, case decided on May 22, 2025 , LexisNexis #0725-100

Taylor, In re

Ruling
Court found that reaffirming the unsecured debt was not in the debtors' best interests as their income was insufficient to pay expenses even without the reaffirmed debt payment. (Bankr. M.D. Fla.)
Issue(s)
Effect of Discharge.

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Consumer opinion summary, case decided on March 21, 2025 , LexisNexis #0525-088

RLSV, Inc., In re

Ruling
Creditor’s claim was discharged and bound by the plan provisions where the creditor filed a timely proof of claim rather than exempting herself due to lack of proper notice. (Bankr. M.D. Fla.)
Issue(s)
Effect of Discharge.

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Commercial opinion summary, case decided on March 19, 2025 , LexisNexis #0525-087