- 11 U.S.C.
Taylor, Bean & Whitaker Mortg. Corp., In re--Luria v. Thunderflower, LLC
Sep
28
2018
Ruling
Transfer avoidance denied as the summary-judgment standard precluded the court frominferring actual intent. (Bankr. M.D. Fla.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers; Actual Intent to Hinder, Delay, or Defraud.
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Court
:
- 11 U.S.C.
Kenny, In re--Bryant v. Kenny
Aug
30
2018
Ruling
Judgment debt could not be excepted from discharge where plaintiff failed to provejustifiable reliance as it required something more than a mere onetime oral conversation.(Bankr. M.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
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Court
:
- 11 U.S.C.
Monahan, In re--Monahan v. Fore River, L.L.C.
Jul
20
2018
Ruling
Defendant's mortgage was wholly unsecured and was stripped off as the first mortgage exceeded the property's value. (Bankr. M.D. Fla.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
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Court
:
- 11 U.S.C.
Real, In re
Apr
30
2018
Ruling
Creditor's motion to dismiss denied where court has jurisdiction to determine that debt wasnondischargeable and creditor willfully violated the discharge injunction. (Bankr. M.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Debts Not Duly Listed or Scheduled.
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Court
:
- 11 U.S.C.
Clinical Pet of Ocala, LLC, In re
Apr
10
2018
Ruling
Court ruled that termination of debtor's use of cash collateral was appropriate as it failed tomake adequate protection payments. (Bankr. M.D. Fla.)
Issue(s)
Use, Sale, or Lease of Property; Where Operation of Debtor’s Business is Authorized; Cash Collateral.
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Climate Control Mech. Servs., In re
Mar
06
2018
Ruling
Cause did not exist to appoint a chapter 11 trustee or to convert the cases to chapter 7. (Bankr. M.D. Fla.)
Issue(s)
Appointment of Trustee or Examiner; Request by Party in Interest or United States Trustee.
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Court
:
- 11 U.S.C.
Ryan, In re
Nov
07
2017
Ruling
Courd denied confirmation of plan as it separately classified nondischargeable long-term federal student-loan debt to be paid outside of the plan, but called for 100% payment to all other creditors during the life of the plan. (Bankr. M.D. Fla.)
Issue(s)
Confirmation of Plan; Objections; Considerations on Objection By Trustee or Allowed Unsecured Claimholder.
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Court
:
- 11 U.S.C.
Bishop, In re--God's Word to the Nations Mission Soc'y, Inc. v. Bishop
Sep
06
2017
Ruling
Court held that a portion of the debt was nondischargeable for creditor's failure to present sufficient evidence to find a misrepresentation or deceptive intent by debtor. (Bankr. M.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False Representations or Actual Fraud.
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Court
:
- 11 U.S.C.
Thompson, In re
Aug
11
2017
Ruling
Debtor's chapter 13 case dismissed for bad faith and for debtor's failure to comply with virtually all of the court's directives in the case. (Bankr. M.D. Fla.)
Issue(s)
Conversion or Dismissal.
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Court
:
- 11 U.S.C.
Gibson, In re
Jun
22
2017
Ruling
Trustee's proposed compromise was denied where circumstances did not demonstrate the proposed compromise was in the best interests of the estate. (Bankr. M.D. Fla.)
Issue(s)
Power of Court.
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