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Yormak, In re

Ruling
Approval of settlement was granted reasonable and in the best interests of the bankruptcyestate. (Bankr. M.D. Fla.)
Issue(s)
Compromise and Arbitration.

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Consumer opinion summary, case decided on September 16, 2021 , LexisNexis #1121-025

Murphy, In re

Ruling
Creditor's motion for summary judgment granted because of debtor's overdue debt and lackof evidence that the debts were in bona fide dispute. (Bankr. M.D. Fla.)
Issue(s)
Involuntary Cases; Relief Against Debtor; Debtor not Paying Debts.

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Consumer opinion summary, case decided on July 16, 2021 , LexisNexis #0921-002

AJRANC Ins. Agency, Inc., In re

Ruling
Debtor could not have assumed franchise agreement that it could not assign under federaltrademark law. (Bankr. M.D. Fla.)
Issue(s)
Executory Contracts and Unexpired Leases; When Trustee May Not Assume or Assign;

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Commercial opinion summary, case decided on July 02, 2021 , LexisNexis #0821-057

Heritage Hotel Assocs., LLC, In re

Ruling
Note’s default interest provision was enforceable, but the creditor's fees and costs were notreasonable, resulting in a deduction. (Bankr. M.D. Fla.)
Issue(s)
Determination of Secured Status; Allowance of Interest, Fees, Costs and Charges.

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Commercial opinion summary, case decided on June 28, 2021 , LexisNexis #0821-033

Mangieri, In re

Ruling
Creditor's motion to dismiss denied as debtor’s conduct did not constitute an abuse of theBankruptcy Code. (Bankr. M.D. Fla.)
Issue(s)
Conversion or Dismissal.

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Consumer opinion summary, case decided on May 03, 2021 , LexisNexis #0621-070

929485 Fla., Inc., In re

Ruling
Creditor's claim for monetary damages arising from debtor's rejection of executory contractwas disallowed as creditor did not establish its right to specific performance. (Bankr. M.D. Fla.)
Issue(s)
Allowance of Claims or Interests; Estimated Claims; Equitable Remedies.

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Commercial opinion summary, case decided on April 20, 2021 , LexisNexis #0621-008

Yormak, In re

Ruling
Creditor’s appeal of disallowance of claim did not deprive the bankruptcy court of jurisdictionto rule on the debtor's entitlement to a discharge as nothing in the appeal related to that issue.(Bankr. M.D. Fla.)
Issue(s)
Discharge.

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Consumer opinion summary, case decided on April 14, 2021 , LexisNexis #0521-093

Polasky, In re--Feldy Boys, LLC v. Polasky

Ruling
Creditor failed to prove by a preponderance of the evidence that debtor made a materialmisrepresentation regarding the company's financial condition. (Bankr. M.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Financial Statement.

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Commercial opinion summary, case decided on February 17, 2021 , LexisNexis #0321-083

Daniel, In re

Ruling
Loan debt was dischargeable absent evidence of any alleged misrepresentations. (Bankr. M.D.Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on January 21, 2020 , LexisNexis #0220-080

Klisivitch, In re

Ruling
Motion for reconsideration denied as totality of the circumstances warranted a determinationthat debtor's case should be dismissed for bad faith. (Bankr. M.D. Fla.)
Issue(s)
Conversion or Dismissal; For Cause.

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Consumer opinion summary, case decided on December 11, 2018 , LexisNexis #0119-082