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southern district of florida

Vital Pharms., In re

Ruling
Debtor's S corporation election was property of the estate and protected by the automatic stay.(Bankr. S.D. Fla.)
Issue(s)
Automatic Stay; Relief from Stay; For Cause.

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Commercial opinion summary, case decided on October 06, 2023 , LexisNexis #1223-028

Nat'l Fin. Holdings, Inc., In re--Menotte v. Keough

Ruling
Fraudulent transfer and recovery claims fell into the nebulous category of causes of action thatwere statutorily "core" but for which intervening constitutional concerns weighed in supportof district court trial adjudication. (Bankr. S.D. Fla.)
Issue(s)
Bankruptcy Cases and Proceedings.

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Commercial opinion summary, case decided on September 14, 2023 , LexisNexis #1123-072

Joseffy, In re

Ruling
Debtor could retain exempt property without paying unsecured creditors in full as exemptproperty is not property of the estate. (Bankr. S.D. Fla.)
Issue(s)
Confirmation of Plan; Cramdown; Fairness and Equity; Unsecured Claims.

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Consumer opinion summary, case decided on September 08, 2023 , LexisNexis #1123-044

America-CV Station Grp., Inc., In re

Ruling
Debtor's objection to claims of attorney-client privilege or work product doctrine with respectto documents contained in privilege log sustained in part and overruled in part.(Bankr. S.D. Fla.)
Issue(s)
General Provisions Governing Discovery.

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Commercial opinion summary, case decided on September 06, 2023 , LexisNexis #1023-098

Gleiber, In re

Ruling
Debtor was entitled to recover fees and costs in an adversary proceeding for denial ofdischarge as the prevailing party pursuant to state law. (Bankr. S.D. Fla.)
Issue(s)
Discharge; Grounds for Denial; Failure to Explain Losses.

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Consumer opinion summary, case decided on August 28, 2023 , LexisNexis #1123-018

Howard, In re--Carlos v. Howard

Ruling
Trust's claim was nondishargeable as evidence showed the debtor auto dealer using the trust’scars to provide funds through financing made available to debtor's companies. (Bankr. S.D.Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on August 22, 2023 , LexisNexis #1023-035

Edgewater Constr. Grp., Inc., In re

Ruling
Debtor was entitled to sanctions against a creditor for willfully and intentionally violating theautomatic stay by serving default letters declaring the debtor to be in default underconstruction contracts. (Bankr. S.D. Fla.)
Issue(s)
Automatic Stay.

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Commercial opinion summary, case decided on August 01, 2023 , LexisNexis #0923-055

SAM Industrias S.A., In re

Ruling
Crime-fraud exception to the attorney-client privilege applied to allow a foreign representativeto compel production of documents from the debtor's American counsel relating to thecreation, management, use, and dissolution of the trust. (Bankr. S.D. Fla.)
Issue(s)
Examination.

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Commercial opinion summary, case decided on July 26, 2023 , LexisNexis #0923-074

Khan, In re--Panjwani v. Khan

Ruling
Debtors' joint and several debts to the judgment creditor for civil conspiracy were exceptedfrom their discharges. (Bankr. S.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud; False Pretenses, False

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Consumer opinion summary, case decided on July 18, 2023 , LexisNexis #0923-034

Vital Pharm., In re

Ruling
Debtor, rather than its former executive officer, owned the rights to three social mediaaccounts as a matter of law. (Bankr. S.D. Fla.)
Issue(s)
Property of the Estate.

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Commercial opinion summary, case decided on June 16, 2023 , LexisNexis #0823-033