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southern district of florida

In re Warren

Ruling
Confirmation denied where plan proposed payments for recreational boat not reasonably necessary to debtor's maintenance and support.
Issue(s)
Did boat expense claimed by chapter 13 debtor unfairly reduce the debtor's disposable income to the detriment of the unsecured creditors for a "luxury item" not used in debtor's employment and not necessary for debtor's support or the support of debtor's dependents?

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Consumer opinion summary, case decided on June 01, 2015 , LexisNexis #0615-136

In re Petroforte Brasileiro De Petroleo Ltda

Ruling
Order for seal in case ancillary to foreign proceeding vacated in part.
Issue(s)
May a foreign representative in a chapter 15 case obtain an order authorizing discovery under seal, including an order prohibiting subpoenaed parties from disclosing the contents of the subpoenas to parties that are the targets of the investigation?

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Commercial opinion summary, case decided on April 30, 2015 , LexisNexis #0615-067

In re Joachin

Ruling
Postpetition foreclosure of debtor's condominium by association that had notice of debtor's bankruptcy was void.
Issue(s)
Did creditor's knowledge of debtor's bankruptcy filing render its postpetition foreclosure void?

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Consumer opinion summary, case decided on April 13, 2015 , LexisNexis #0815-120

In re Trigeant Holdings Ltd.

Ruling
Lost profits claim estimated by court so as not to delay administration.
Issue(s)
Should creditor's lost profits claim be estimated by the bankruptcy court?

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Commercial opinion summary, case decided on March 26, 2015 , LexisNexis #0415-082

In re Little Rest Twelve Inc.

Ruling
Individual sanctioned for filing unauthorized chapter 7 petition on behalf of corporate debtor.
Issue(s)
Were sanctions appropriate against individual who filed chapter 7 case on behalf of debtor corporation in bad faith?

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Commercial opinion summary, case decided on March 13, 2015 , LexisNexis #0415-001

In re Charania

Ruling
Debtor could claim homestead exemption in case reopened after seven years.
Issue(s)
Could debtor in reopened case claim a homestead exemption in property he did not believe he owned at the time of his original bankruptcy filing?

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Consumer opinion summary, case decided on March 11, 2015 , LexisNexis #0415-012

In re Damerau

Ruling
Disqualification of bankruptcy judge denied where decisions were reasonable and there was no evidence of bias against debtor.
Issue(s)
Should debtor's motion for recusal of bankruptcy judge be granted?

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Consumer opinion summary, case decided on February 18, 2015 , LexisNexis #0315-103

In re Obregon

Ruling
Chapter 13 case ordered dismissed unless the debtor paid outstanding amounts under plan and trustee's fees within 30 days.
Issue(s)
Should chapter 13 case be dismissed where had not paid into the confirmed plan sufficient funds to pay all of the allowed unsecured claims?

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Consumer opinion summary, case decided on January 23, 2015 , LexisNexis #0215-100

In re Obregon

Ruling
Chapter 13 case ordered dismissed unless the debtor paid outstanding amounts under plan and trustee's fees within 30 days.
Issue(s)
Should chapter 13 case be dismissed where had not paid into the confirmed plan sufficient funds to pay all of the allowed unsecured claims?

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Consumer opinion summary, case decided on January 23, 2015 , LexisNexis #0215-100

In re Lentz

Ruling
Plan modification that did not provide for equal monthly payments and a balloon payment denied.
Issue(s)
Could plan modification proposing two step ups to a fixed payment in months 10-59 be approved?

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Consumer opinion summary, case decided on January 16, 2015 , LexisNexis #1115-067