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southern district of florida

Reynolds, In re--Mehdipour v. JPMorgan Chase Bank, N.A.

Ruling
Motion to dismiss denied where bankruptcy court's authority to determine whether fundswere estate property created a basis for subject matter jurisdiction. (Bankr. S.D. Fla.)
Issue(s)
Property of the Estate.

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Consumer opinion summary, case decided on April 23, 2020 , LexisNexis #0620-065

Lyubarsky, In re

Ruling
Debtor husband who suffered from anxiety and provided evidence of emotional distresscaused by creditor's demands in violation of the automatic stay was due emotional distressdamages. (Bankr. S.D. Fla.)
Issue(s)
Automatic Stay; Remedies for Violation.

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Consumer opinion summary, case decided on April 17, 2020 , LexisNexis #0620-029

Grandparents.com, Inc., In re--Rizack v. Starr Indem. & Liab. Co.

Ruling
Fraudulent conveyance claim was not subject to dismissal where transfer made under theterms of a contract is not always for reasonably equivalent value. (Bankr. S.D. Fla.)
Issue(s)
Fraudulent Transfers and Obligations.

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Commercial opinion summary, case decided on April 10, 2020 , LexisNexis #0620-015

Itapemirim, In re

Ruling
Movant had standing to prosecute the motion to dismiss because he qualified as an entityaffected by the recognition order. (Bankr. S.D. Fla.)
Issue(s)
Order Granting Recognition.

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Consumer opinion summary, case decided on March 10, 2020 , LexisNexis #0420-073

Golan, In re

Ruling
Debtor's counsel violated the automatic stay as counsel failed to observe crucial safeguardsdesigned to protect all parties in interest. (Bankr. S.D. Fla.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on February 19, 2020 , LexisNexis #0420-006

Arista Imaging of N. Miami, LLC, In re

Ruling
Chapter 11 petitions dismissed as the supermajority of the members of the debtor LLC did notconsent to the initiation of the cases. (Bankr. S.D. Fla.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.

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Commercial opinion summary, case decided on February 07, 2020 , LexisNexis #0320-074

Storick, In re

Ruling
Debtor's assertion after ten years that debt was dischargeable was barred by laches. (Bankr.S.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on January 13, 2020 , LexisNexis #0220-057

Viacao Itapemirim, S.A., In re

Ruling
Foreign representative excused from producing documents and appearing for examination asthere was no cause to allow such discovery. (Bankr. S.D. Fla.)
Issue(s)
Relief That May Be Granted Upon Recognition; Types of Appropriate Relief;

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Commercial opinion summary, case decided on October 10, 2019 , LexisNexis #1219-048

Chariots of Palm Beach, In re

Ruling
Motions to dismiss trustee’s surcharge claims granted. (Bankr. S.D. Fla.)
Issue(s)
Determination of Secured Status; Trustee’s Costs and Expenses.

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Commercial opinion summary, case decided on September 27, 2019 , LexisNexis #1119-061

Nestor, In re

Ruling
Debtor's special counsel was not entitled to compensation for work on pre-authorizationlawsuit or matters outside the scope of work authorized by the court. (Bankr. S.D. Fla.)
Issue(s)
Compensation of Officers.

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Consumer opinion summary, case decided on September 26, 2019 , LexisNexis #1119-056