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southern district of florida

TGP Comms. LLC, In re

Ruling
Debtor business wholly owned and operated by one person did not show a validreorganizational purpose for Chapter 11 bankruptcy. (Bankr. S.D. Fla.)
Issue(s)
Abstention; Dismissal or Suspension by the Court; Interests of Creditors and Debtor.

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Commercial opinion summary, case decided on July 24, 2024 , LexisNexis #0924-054

Miller, In re--Bakst v. JRS Health Servs., LLC

Ruling
Court held that the transfers were of an interest of the debtor's own property as the debtor'sentity had an obligation to pay the glove manufacturer completely separate from the vendor'sobligation to pay the entity. (Bankr. S.D. Fla.)
Issue(s)
Fraudulent Transfers and Obligations.

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Consumer opinion summary, case decided on July 02, 2024 , LexisNexis #0924-015

M.V.J. Auto World, Inc., In re

Ruling
Subchapter V plan that was not accepted by an impaired class of creditors confirmed as nonconsensual. (Bankr. S.D. Fla.)
Issue(s)
Confirmation of Plan; Terms.

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Commercial opinion summary, case decided on June 21, 2024 , LexisNexis #0824-097

Hussing, In re--Pampa Bevs., LLC v. Hussing

Ruling
Creditor failed to show that debtor owed it a fiduciary duty as it was not well establishedunder state law that an employee owed a fiduciary duty to his or her employer.(Bankr. S.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Commercial opinion summary, case decided on May 28, 2024 , LexisNexis #0724-089

Doron, In re--Dunn v. JPMorgan Chase Bank, N.A.

Ruling
Trustee's complaint to avoid fraudulent transfers was dismissed as service was not made bycertified mail addressed to an officer of the bank. (Bankr. S.D. Fla.)
Issue(s)
Process; Service of Summons, Complaint; Service of Process on an Insured

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Consumer opinion summary, case decided on April 15, 2024 , LexisNexis #0624-050

Mine Hill Anesthesia, LLC, In re

Ruling
Court denied the motion to vacate Chapter 11 confirmation order. (Bankr. S.D. Fla.)
Issue(s)
Revocation of an Order of Confirmation.

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Commercial opinion summary, case decided on March 12, 2024 , LexisNexis #0524-045

Edgewater Constr. Group, In re

Ruling
Creditor was not entitled to an administrative expense claim for its payment of certainobligations to the debtor's subcontractors as the payment did not confer a benefit upon thedebtor and the estate. (Bankr. S.D. Fla.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed.

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Commercial opinion summary, case decided on January 23, 2024 , LexisNexis #0324-037

Adam, In re

Ruling
Chapter 13 case dismissed as the debtors conceded they were ineligible for Chapter 13 reliefby amending their schedules to show unsecured debts exceeding the statutory limit as of thepetition date. (Bankr. S.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 December 18, 2023 , LexisNexis #0224-037

Platt, In re

Ruling
Spouse was entitled to relief from the automatic stay to allow the state court to enter adissolution judgment determining the respective interests of the debtor and the spouse in thehome and marital assets. (Bankr. S.D. Fla.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Consumer opinion summary, case decided on December 15, 2023 , LexisNexis #0224-030

Montenegro, In re

Ruling
Chapter 13 debtor was allowed to modify her confirmed plan to refinance debt on appreciatednon-exempt real property and use the proceeds to pay secured and unsecured creditors early.(Bankr. S.D. Fla.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Value of Property Distributed No

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Consumer opinion summary, case decided on December 13, 2023 , LexisNexis #0224-071