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southern district of florida

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

In re Trigeant Holdings Ltd.

Ruling
Creditor's claim was subject to uniform federal interest rate.
Issue(s)
Was creditor's federal judgment claim subject to the uniform interest rate imposed by 28 U.S.C.S. § 1961?

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Commercial opinion summary, case decided on January 16, 2015 , LexisNexis #0215-066

In re Hinds-Santiago

Ruling
Interest rate on loan for which the original maturity date was after the last payment due under debtor's plan was not subject to modification.
Issue(s)
Could debtor modify the interest rate of a loan with an original maturity date that fell within the period of debtor's chapter 13 plan or did the new maturity date set by a prepetition loan modification, which fell after the last plan payment, bar modification?

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Consumer opinion summary, case decided on January 15, 2015 , LexisNexis #0215-062

Coyle v. United States (In re Coyle)

Ruling
IRS debt was nondischargeable where debtor's post-assessment return was not a good faith filing.
Issue(s)
Whether the Debtor's untimely Form 1040, filed after the IRS assessed tax liability, is a "return" as that term is used in §523(a)(1)(B) of the Bankruptcy Code or was it not a valid return making the debt nondischargeable?

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Consumer opinion summary, case decided on January 14, 2015 , LexisNexis #0315-050

Kodsi v. Ark Capital Group LLC (In re Kodsi)

Ruling
Trustee's could not bring claim on behalf of the estate against debtor's alleged alter ego.
Issue(s)
Could trustee bring claims on behalf of the debtor's estate against an LLC on the theory that it was the alter ego of the debtor?

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Consumer opinion summary, case decided on January 13, 2015 , LexisNexis #0215-038

In re Marty

Ruling
Late filed proof of claim by unscheduled creditor disallowed.
Issue(s)
Could a late-filed claim by an unscheduled creditor be allowed?

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Consumer opinion summary, case decided on December 30, 2014 , LexisNexis #0115-083

In re Failla

Ruling
Debtors who had pledged to surrender property could not defend against state court foreclosure of the property.
Issue(s)
Could debtors who had sworn to surrender property oppose foreclosure of that property in state court?

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Consumer opinion summary, case decided on December 19, 2014 , LexisNexis #0515-114

In re Guardin

Ruling
Complaint and prosecution up to judgment under state unfair trade practices act was not subject to stay.
Issue(s)
Whether the State of Florida, office of the Attorney General, was entitled to an order declaring that the automatic stay was inapplicable to its action seeking to add debtor husband as an additional defendant in a complaint pending against others in state court alleging violations of Florida's Deceptive and Unfair Trade Practices Act (FDUTPA).

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Consumer opinion summary, case decided on November 24, 2014 , LexisNexis #1214-074

In re Jiangbo Pharms. Inc.

Ruling
Settlement of litigation against debtor's former officer approved.
Issue(s)
Should settlement of litigation against debtor's former officer be approved?

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Consumer opinion summary, case decided on November 20, 2014 , LexisNexis #0115-035

In re Pollitzer

Ruling
Case converted to chapter 7 dismissed for abuse.
Issue(s)
Whether a case converted from another chapter to chapter 7 can be dismissed for abuse?

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Consumer opinion summary, case decided on November 13, 2014 , LexisNexis #1214-061