Skip to main content

Page Banner(Taxonomy)

judge colton

Da Lugo Inv. LLC, In re

Ruling
Landlord's proof of claim for fire damages would depend on the factual finding of whether ornot debtor was at fault. (Bankr. M.D. Fla.)
Issue(s)
Allowance of Claims or Interests; Disallowance; Lessor’s Claim for Damages.

ABI Membership is required to access the full summary of Da Lugo Inv. LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on November 30, 2023 , LexisNexis #0224-007

Ferry, In re

Ruling
Debtor's equitable estoppel defense regarding the distribution of certain proceeds from thesale of real property failed as she did not demonstrate that she detrimentally changed herposition in reliance on an estoppel letter. (Bankr. M.D. Fla.)
Issue(s)
Allowance of Claims or Interests.

ABI Membership is required to access the full summary of Ferry, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 28, 2023 , LexisNexis #1223-029

Lubin, In re

Ruling
United States' pending claims against debtor under the False Claims Act were excepted fromthe automatic stay pursuant to the police or regulatory power exception. (Bankr. M.D. Fla.)
Issue(s)
Automatic Stay; Exceptions; Governmental Unit's Enforcement of Police or Regulatory

ABI Membership is required to access the full summary of Lubin, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 18, 2023 , LexisNexis #1123-028

Summit II, LLC, In re

Ruling
Land contract could be assumed by the debtor as it was an asset of the bankruptcy estate. (Bankr. M.D. Fla.)
Issue(s)
Executory Contracts and Unexpired Leases.

ABI Membership is required to access the full summary of Summit II, LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on May 04, 2023 , LexisNexis #0623-083

DeSocio, In re

Ruling
Creditor was not entitled to relief from stay as its reformed loan and mobile home purchaseagreement would be paid in full under Chapter 13 plan. (Bankr. M.D. Fla.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

ABI Membership is required to access the full summary of DeSocio, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 03, 2023 , LexisNexis #0323-005

Saks, In re--Crockett v. Saks

Ruling
Creditor's claim failed as a matter of law as creditor would be unable to prove debtor had therequisite intent and that there was no evidence debtor was part of a conspiracy to defraudcreditor. (Bankr. M.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

ABI Membership is required to access the full summary of Saks, In re--Crockett v. Saks Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 30, 2022 , LexisNexis #0323-037

Doby, In re--Blue Cap. Assets, LLC v. Doby

Ruling
Debt was nondischargeable as debtor made affirmative and implied misrepresentations inorder to deceive the creditor into renovation contract. (Bankr. M.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

ABI Membership is required to access the full summary of Doby, In re--Blue Cap. Assets, LLC v. Doby Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 16, 2022 , LexisNexis #0323-036

Warren, In re--Warren v. Warren

Ruling
Debtor was estopped from denying nondischargeability where state court found that debtorknowingly misappropriated or dissipated marital assets, debtor's conduct constituted asystemic pattern of deceit and fraud which harmed her husband. (Bankr. M.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

ABI Membership is required to access the full summary of Warren, In re--Warren v. Warren Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 05, 2022 , LexisNexis #0223-005

Narcise, In re

Ruling
Creditor was entitled to interest from the date of the petition until confirmation as part of itsallowed secured claim. (Bankr. M.D. Fla.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.

ABI Membership is required to access the full summary of Narcise, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 30, 2022 , LexisNexis #1122-010

Morales, In re--Hollman v. Morales

Ruling
Claims were not nondischargeable as court found debtor to be credible in his belief that hehonestly represented his skills and abilities to do contracted work. (Bankr. M.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

ABI Membership is required to access the full summary of Morales, In re--Hollman v. Morales Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 26, 2022 , LexisNexis #1122-038