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Case, In re--F&F Invs. Grp. v. Case

Ruling
Creditor failed to sufficiently plead a nondischargeable debt for embezzlement as creditorrelied entirely on conclusory statements that were directly contradicted by the contractattached to the amended complaint. (Bankr. S.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or

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Consumer opinion summary, case decided on February 23, 2022 , LexisNexis #0422-039

Bumshteyn, In re--Welt v. Bumshteyn

Ruling
Transfer of adversary proceeding to another district for lack of personal jurisdiction was notwarranted as it would negatively affect the economic and efficient administration of thebankruptcy case. (Bankr. S.D. Fla.)
Issue(s)
Process; Service of Summons, Complaint.

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Consumer opinion summary, case decided on January 12, 2022 , LexisNexis #0322-024

Vessillo, In re--Vessillo v. SunTrust Bank

Ruling
Bankruptcy court could not value or determine secured status of property that had beenexempt as a homestead since the petition date and in which the estate no longer had aninterest. (Bankr. S.D. Fla.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim.

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Consumer opinion summary, case decided on January 03, 2022 , LexisNexis #0222-082

Pettengill, In re

Ruling
Debtor was entitled to avoid the fixing of a creditor's judgment lien that impaired the debtor'shomestead exemption. (Bankr. S.D. Fla.)
Issue(s)
Exemptions; Liens Impairing Exempt Property; Avoidance; Judicial Liens.

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Consumer opinion summary, case decided on December 09, 2021 , LexisNexis #0122-087

McKee, In re

Ruling
Debtor was not permitted to reopen her bankruptcy case to file a reaffirmation agreement withher mortgage lender as the reaffirmation agreement was not "made" before the debtor wasdischarged. (Bankr. S.D. Fla.)
Issue(s)
Effect of Discharge; Reaffirmation Agreements; Agreement Made Prior to Discharge.

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Consumer opinion summary, case decided on November 05, 2021 , LexisNexis #1221-089

Douglass, In re--Douglass

Ruling
Debtor was entitled to dismissal of a former client's complaint as the former client did notestablish that the debtor acted in a "fiduciary capacity". (Bankr. S.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or

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Consumer opinion summary, case decided on November 01, 2021 , LexisNexis #1221-087

Rivera, In re

Ruling
Court lacked jurisdiction to reopen case to strip the second mortgage from the condo thathad vested in debtor upon chapter 13 plan confirmation. (Bankr. S.D. Fla.)
Issue(s)
Bankruptcy Cases and Proceedings; Proceedings Arising Under or Arising In

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Consumer opinion summary, case decided on August 16, 2021 , LexisNexis #1021-023