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Musto, In re

Ruling
Law firm violated the discharge injunction as its contacts with debtor had the objectiveeffect of pressuring her to pay a discharged debt. (Bankr. M.D. Fla.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to

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Consumer opinion summary, case decided on January 06, 2021 , LexisNexis #0221-062

McAnally, In re--McAnally v. Specialized Loan Servicing, LLC

Ruling
Court deemed that it should abstain from hearing the instant proceeding where relevantfactors overwhelmingly weighed in favor of abstention. (Bankr. M.D. Fla.)
Issue(s)
Bankruptcy Cases and Proceedings; Abstention; Discretionary Abstention.

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Commercial opinion summary, case decided on November 30, 2020 , LexisNexis #0121-075

Lapace, In re--Welch v. Lapace

Ruling
Denial of Chapter 7 discharge was not warranted as debtors' failure to disclose a pre-petitioncontract for sale of their home was not done with the intent to hinder, delay, or defraudcreditors. (Bankr. M.D. Fla.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on February 19, 2020 , LexisNexis #0420-021

Gomes, In re

Ruling
Chapter 13 debtor's petition date was the proper valuation date for her property. (Bankr. M.D.Fla.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim.

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Consumer opinion summary, case decided on February 03, 2020 , LexisNexis #0320-061

Viciedo, In re--Creal Dallas, LLC v. Viciedo

Ruling
Debtor's remaining obligation to creditor was subject to discharge as creditor failed to meet itsburden of proving fraudulent inducement. (Bankr. M.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 January 07, 2020 , LexisNexis #0220-042

Sussman, In re

Ruling
Debtor's motion to enforce the automatic stay was denied as debtor had no ownership interestin the property. (Bankr. M.D. Fla.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on June 03, 2019 , LexisNexis #0819-030

Gonzalez, In re

Ruling
Motion for sanctions against Chapter 7 trustee denied absent evidence that trustee madeinappropriate referrals or received anything beyond statutory fees. (Bankr. M.D. Fla.)
Issue(s)
Counsel’s Liability for Excessive Costs.

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Consumer opinion summary, case decided on March 05, 2019 , LexisNexis #0519-023

Bateman, In re

Ruling
Motion to compel arbitration was denied where arbitration of a contempt proceeding for violation of the discharge injunction inherently conflicted with the bankruptcy code and undermined it's authority to enforce its orders and exercise its powers of contempt. (Bankr. M.D. Fla.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief.

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Consumer opinion summary, case decided on May 21, 2018 , LexisNexis #0618-105

In re Barrerra

Ruling
Creditor ordered to release liens impairing debtor’s homestead exemption and securingvehicle loan for which creditor had filed an unsecured claim and been paid under debtor’schapter 13 plan. (Bankr. M.D. Fla.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

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Consumer opinion summary, case decided on November 29, 2016 , LexisNexis #1216-098