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southern district of florida

Soden, In re--Garcia v. Soden

Ruling
Professional liability claims were dischargeable absent evidence of injury inflicted by debtor.(Bankr. S.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on March 30, 2019 , LexisNexis #0619-038

Batcheler, In re

Ruling
Court granted summary judgment where plaintiffs failed to prove the existence of any injurywithin the scope of § 526(a)(6). (Bankr. S.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Willful and Malicious Injury to

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Consumer opinion summary, case decided on March 30, 2019 , LexisNexis #0619-012

Forever Propane Sales & Serv., In re

Ruling
Court refused to reconsider its abstention decision where it lacked district court's FLSAexperience and expertise, and FLSA claim was contingent, unliquidated and disputed. (Bankr.S.D. Fla.)
Issue(s)
Abstention.

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Commercial opinion summary, case decided on March 05, 2019 , LexisNexis #0519-002

160 Royal Palm, In re

Ruling
Debtor's motion to limit credit bidding granted where creditor had neither a lien nor anallowed claim and was not permitted to credit bid under the explicit text of 11 U.S.C. § 363(k).(Bankr. S.D. Fla.)
Issue(s)
Use, Sale, or Lease of Property; Bids by Secured Creditor.

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Commercial opinion summary, case decided on February 25, 2019 , LexisNexis #0419-029

Campbell, In re

Ruling
Trustee's objection to debtor's plan overruled where debtor's ad valorem taxes were nothousehold expenses and were properly deducted as part of marital adjustment. (Bankr. S.D.Fla.)
Issue(s)
Confirmation of Plan; Objections.

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Consumer opinion summary, case decided on February 15, 2019 , LexisNexis #0419-022

Brandt, In re

Ruling
Court denied debtor's motion to dismiss insurance company's nondischargeability claim asthere were sufficient facts that he committed defalcation while acting 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 January 03, 2019 , LexisNexis #0219-011

Trujillo, In re

Ruling
Corporate defendants were property of the bankruptcy estate as trustee established equitable ownership and the debtor and his wife were the only recipients of distributions from the various corporate defendants. (Bankr. S.D. Fla.)
Issue(s)
Property of the Estate.

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Consumer opinion summary, case decided on January 02, 2019 , LexisNexis #0219-035

Hane, In re--Coltefinanciera, S.A. v. Hane

Ruling
Defendant's motion for partial summary judgment was granted as bank's position that thedebtor's allegedly false statements, misrepresentations and non-disclosures was inconsistentwith the express provisions of the statute. (Bankr. S.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.

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Consumer opinion summary, case decided on December 27, 2018 , LexisNexis #0219-008

Aguero, In re

Ruling
Court allowed amended claim for an unsecured deficiency even though it was filed afterconfirmation as allowance benefitted debtor. (Bankr. S.D. Fla.)
Issue(s)
Discharge.

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Consumer opinion summary, case decided on December 12, 2018 , LexisNexis #0219-019

Providence Fin. Invs., Inc., In re--Yip v. Perez

Ruling
Trustee was entitled to recover amount in commission payments that exceeded contract rate. (Bankr. S.D. Fla.)
Issue(s)
Fraudulent Transfers and Obligations; Validity of Transfers to Good Faith Purchasers for Value.

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Commercial opinion summary, case decided on October 15, 2018 , LexisNexis #1118-080