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Southside Church of Christ of Jacksonville, Inc., In re

Ruling
Relief from automatic stay denied where chapter 11 petition was not filed in bad faith. (Bankr.M.D. Fla.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Commercial opinion summary, case decided on June 15, 2017 , LexisNexis #0717-064

Tinseth, In re

Ruling
Debtor's receipt of payments from his granddaughter did not preclude him from claiming theproperty as exempt as the payments were used to pay the mortgage on the property. (Bankr.M.D. Fla.)
Issue(s)
Exemptions; Residences, Burial Plots and Homesteads; Homestead.

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Consumer opinion summary, case decided on March 03, 2017 , LexisNexis #0417-005

Ferrer, In re--Ferrer v. Lou Sobh Auto. of Jax, Inc.

Ruling
Creditor did not violate automatic stay as creditor did not receive actual notice of debtor'sbankruptcy filing and thus did not have any knowledge that automatic stay was invoked.(Bankr. M.D. Fla.)
Issue(s)
Automatic Stay; Remedies for Violation

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Consumer opinion summary, case decided on January 30, 2017 , LexisNexis #0317-005

In re Doyle

Ruling
Condominium associations lien could be stripped off as first mortgage exceeded value of thesubject property. (Bankr. M.D. Fla.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.

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Consumer opinion summary, case decided on November 23, 2016 , LexisNexis #1216-118

Luria v. Chisholm Props. of Atlanta, LLC (In re Taylor, Bean & Whitaker Mortg. Corp.)

Ruling
Transfers made within preference period with actual intent to hinder, delay or defraudcreditors were nondischargeable. (Bankr. M.D. Fla.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable Transfers.

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Commercial opinion summary, case decided on November 01, 2016 , LexisNexis #1216-017

Payrolling Partners Inc. v. Allen (In re Allen)

Ruling
Discharge denied due to failure to keep adequate records.
Issue(s)
Should debtor’s discharge be denied due to failure to keep adequate records?

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Consumer opinion summary, case decided on July 08, 2016 , LexisNexis #0816-020

In re Schweickert

Ruling
Chapter 7 case reconverted to chapter 13 due to debtor's improved financial circumstances and lack of bad faith.

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Consumer opinion summary, case decided on April 19, 2016 , LexisNexis #0516-059

Holland Builders Inc. v. Sheltair Westhampton LLC (In re Lloyd)

Ruling
Submission of invoices for materials that were never provided was at the behest of creditor's vice president and not grounds for nondischargeable debt.
Issue(s)
Was debt nondischargeable due to debtor's submission of an invoice for materials that had not been provided?

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Consumer opinion summary, case decided on March 31, 2016 , LexisNexis #0416-121

In re Rilea

Ruling
Discharge denied due to concealment of debtor spouse’s class action claim. (Bankr. M.D. Fla.)
Issue(s)
Was concealment of debtor spouse’s class action claim grounds for denial of discharge?

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Consumer opinion summary, case decided on March 23, 2016 , LexisNexis #1016-130

In re Moguel

Ruling
Debtor’s eighth case in ten years dismissed due to unreasonable, prejudicial delay to creditors.(Bankr. M.D. Fla.)
Issue(s)
Should debtor’s eighth bankruptcy case in ten years be dismissed?

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Consumer opinion summary, case decided on March 04, 2016 , LexisNexis #1016-066