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southern district of florida

Hazelton Trust, In re

Ruling
Chapter 11 bankruptcy case was dismissed as the debtor did not meet the qualifications of abusiness trust and the case was filed in bad faith. (Bankr. S.D. Fla.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.

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Consumer opinion summary, case decided on October 13, 2022 , LexisNexis #1222-092

Iglesias, In re

Ruling
Motion for the production of documents referenced in the examiner's reports was deniedwithout prejudice as those documents had not been filed with the court. (Bankr. S.D. Fla.)
Issue(s)
Public Access to Papers.

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Consumer opinion summary, case decided on September 29, 2022 , LexisNexis #1222-026

No Rust Rebar, Inc., In re

Ruling
Buyer's fee simple interest in the property was not property of the estate and the sale proceedsit received on account of its interest were not subject to distribution. (Bankr. S.D. Fla.)
Issue(s)
Distribution of Property of the Estate.

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Commercial opinion summary, case decided on August 29, 2022 , LexisNexis #1122-018

FF Fund I, L.P., In re--Kapila v. F1 Gen. Trading Partners, L.P.

Ruling
Motion for stay of criminal proceeding was granted in part as hiring an expert witness oralternative corporate representative would not avoid certain loss to the moving defendants.(Bankr. S.D. Fla.)
Issue(s)
Fraudulent Transfers and Obligations.

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Commercial opinion summary, case decided on August 22, 2022 , LexisNexis #1022-061

Roach, In re

Ruling
Objection to discharge of debt was overruled as the slim timing exception that might haveallowed the debtor to raise a post-confirmation objection did not apply since the debtoralready certified that she would not object. (Bankr. S.D. Fla.)
Issue(s)
Effect of Confirmation; Parties Bound by Confirmed Plan.

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Consumer opinion summary, case decided on August 16, 2022 , LexisNexis #1022-040

Roach, In re--Conn v. Roach

Ruling
Children's motion for summary judgment as to their defalcation claim was granted as themother was willfully blind to a substantial and unjustifiable risk of the terms of the LandTrust Agreement would violate her fiduciary duty. (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 August 16, 2022 , LexisNexis #1022-031

Majestic Gardens Condo. C Ass'n, In re

Ruling
Court refused to vacate dismissal of adversary proceeding due to lack of timely service. (Bankr.S.D. Fla.)
Issue(s)
Process; Service of Summons, Complaint; Summons

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Consumer opinion summary, case decided on August 09, 2022 , LexisNexis #1022-019

Cabot, In re

Ruling
Collateral estoppel was applicable only to the extent that state court findings were identical tobankruptcy code requirements for nondischargeability. (Bankr. S.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on August 02, 2022 , LexisNexis #0922-056

Gilles, In re

Ruling
Debtor's filing of a second Chapter 13 case before her pending bankruptcy case wasdismissed violated the single estate rule and invoked concerns of bad faith and abuse ofprocess. (Bankr. S.D. Fla.)
Issue(s)
Automatic Stay; Duration.

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Consumer opinion summary, case decided on July 15, 2022 , LexisNexis #0922-003

Albertsson, In re

Ruling
Debt was dischargeable as creditor did not provide either that the debtor's allegedmisrepresentations occurred at all or that it actually relied on the alleged misrepresentations.(Bankr. S.D. Fla.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on July 12, 2022 , LexisNexis #0822-086