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southern district of florida

In re Michaud

Ruling
Reverse mortgage creditor's objection to debtor's motion to value residence overruled.
Issue(s)
Could claim of reverse mortgage creditor, based on mortgage executed by debtor's deceased spouse and payable on the spouse's death, be modified?

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Consumer opinion summary, case decided on March 29, 2016 , LexisNexis #0416-136

In re Villaverde

Ruling
Chapter 13 debtor's counsel's fees reduced to due excessive time billings and charges for tasks that were unnecessary or did not benefit debtor.
Issue(s)
Should debtor's attorneys' fee application be approved in full?

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Consumer opinion summary, case decided on March 25, 2016 , LexisNexis #0416-073

In re Ramirez

Ruling
Condominium fee obligation survived chapter 13 discharge as an in rem obligation.
Issue(s)
Did condominium association violate the discharge injunction by collecting postpetition condominium fees?

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Consumer opinion summary, case decided on March 05, 2016 , LexisNexis #0316-124

Benitez v. Jarrette Bay Invs. Corp. (In re Nassau Dev. of Vill. West Corp.)

Ruling
Non-core commercial foreclosure proceeding remanded to state court.
Issue(s)
Should commercial foreclosure proceeding be remanded to state court?

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Commercial opinion summary, case decided on March 04, 2016 , LexisNexis #0416-140

In re Elkouby

Ruling
Where debtor indicated intent to abandon property, the property was abandoned back to debtor upon closing of case.
Issue(s)
What was effect of debtor's expressed intention to surrender property after closing of the case?

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Consumer opinion summary, case decided on February 29, 2016 , LexisNexis #0316-083

In re Robles

Ruling
Bankruptcy court lacked jurisdiction to determine debtor's postpetition tax liability.
Issue(s)
Could bankruptcy court provide a determination of debtor's postpetition tax liability?

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Consumer opinion summary, case decided on February 22, 2016 , LexisNexis #0316-062

Durham v. Homestead Housing Auth. (In re Durham)

Ruling
Government housing authority violated the discharge injunction by continuing termination proceedings.
Issue(s)
Did housing authority violate the discharge injunction by pursuing termination of debtor's tenancy?

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Consumer opinion summary, case decided on February 10, 2016 , LexisNexis #0416-020

In re Intl Oil Trading Co. LLC

Ruling
Holder of judgment that was not subject to bona fide dispute was an eligible petitioning creditor.
Issue(s)
Was judgment holder an eligible petitioning creditor in debtor's involuntary case?

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Commercial opinion summary, case decided on February 08, 2016 , LexisNexis #0316-004

In re Lapeyre

Ruling
Debtors' affirmative defenses and counterclaims ordered withdrawn as barred by terms of confirmed plan.
Issue(s)
Where chapter 13 plan provided for surrender of one of debtors' properties, did debtors'affirmative defenses and counterclaims in state court foreclosure action concerning the property violate the automatic stay?

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Consumer opinion summary, case decided on January 25, 2016 , LexisNexis #0216-100

In re Sanders

Ruling
Debtor's motion requesting recusal of bankruptcy judge denied as meritless attempt to avoid producing trust account records.
Issue(s)
Should motion to recuse bankruptcy judge filed one day before scheduled hearing for turnover of trust records be granted?

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Consumer opinion summary, case decided on November 18, 2015 , LexisNexis #1215-066