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Clarkson, In re

Ruling
Debtors' case was subject to dismissal due to the presumption of abuse. (Bankr. M.D. Fla.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;

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Consumer opinion summary, case decided on March 31, 2021 , LexisNexis #0521-042

Whitten, In re

Ruling
Language “with rights of survivorship” in deed did not automatically defeat debtor's claim ofexemption as a right of survivorship was an element of a tenancy by the entirety. (Bankr. M.D.Fla.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;

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Consumer opinion summary, case decided on March 01, 2021 , LexisNexis #0421-035

Mulholland, In re

Ruling
Plan confirmation was denied where creditor's claim was impaired and she objected to theproposed plan. (Bankr. M.D. Fla.)
Issue(s)
Confirmation of Plan; Requirements; Classes Generally.

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Consumer opinion summary, case decided on December 11, 2020 , LexisNexis #0121-098

Koopmans, In re

Ruling
Debtor was not permitted to claim a housing adjustment as a special circumstance as thedebtor did not give a credible explanation as to why her only reasonable rental option was onethat cost more than what was allotted under the IRS's guidelines. (Bankr. M.D. Fla.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial

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Consumer opinion summary, case decided on November 09, 2020 , LexisNexis #1220-093

Sepielli, In re

Ruling
Motion to dismiss student loan debt was granted as debtors were able to pay thirty percent totheir non-student loan unsecured creditors in Chapter 13 plan. (Bankr. M.D. Fla.)
Issue(s)
Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13; Substantial Abuse;

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Consumer opinion summary, case decided on September 08, 2020 , LexisNexis #1020-065

First Fla. Living Options, LLC, In re

Ruling
Notice by creditor to state health care agency regarding unsatisfied judgment claim violatedthe automatic stay. (Bankr. M.D. Fla.)
Issue(s)
Automatic Stay.

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Commercial opinion summary, case decided on June 05, 2020 , LexisNexis #0720-054

Rumptz, In re--Jones v. Rumptz

Ruling
Motion objecting to debtor's discharge denied where debtor did not transfer property withinthe year prior to the petition date or after the petition date with the intent to hinder, delay, ordefraud creditors. (Bankr. M.D. Fla.)
Issue(s)
Discharge; Grounds for Denial.

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Consumer opinion summary, case decided on May 12, 2020 , LexisNexis #0620-094

Ferris, In re

Ruling
Creditor willfully violated the discharge injunction by failing to properly credit debtors'mortgage payments. (Bankr. M.D. Fla.)
Issue(s)
Effect of Discharge.

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Consumer opinion summary, case decided on December 06, 2019 , LexisNexis #0120-043

Frillman, In re

Ruling
Settlement of motion for sanctions was approved as it was reasonable and in proportion to theattorney's failure to provide his clients with adequate representation and administrativeburdens that his conduct had placed. (Bankr. M.D. Fla.)
Issue(s)
Debtor’s Transactions with Attorneys; Excessive Compensation.

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Consumer opinion summary, case decided on September 13, 2019 , LexisNexis #1119-028

Collins, In re

Ruling
Trustee failed to overcome state's presumption that trailer was owned in tenancy by theentirety as debtor and his wife had identical and complete interest in the trailer. (Bankr. M.D.Fla.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;

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Consumer opinion summary, case decided on March 27, 2019 , LexisNexis #0519-081