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southern district of florida

Greenhouse, In re

Ruling
Motion to enforce final judgment of dissolution of marriage was granted to the extent it wasexempted from the automatic stay. (Bankr. S.D. Fla.)
Issue(s)
Automatic Stay; Exceptions; Family or Domestic Proceedings, Licenses, Tax Refunds,

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Consumer opinion summary, case decided on June 29, 2022 , LexisNexis #0822-054

Foufas, In re--Foufas v. Foufas

Ruling
Incarceration of debtor as part of effort to collect domestic support obligation from non-estateassets did not violate the automatic stay. (Bankr. S.D. Fla.)
Issue(s)
Automatic Stay; Exceptions; Family or Domestic Proceedings, Licenses, Tax

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Consumer opinion summary, case decided on June 17, 2022 , LexisNexis #0822-003

942 Penn RR, LLC, In re

Ruling
Court found that it was in the best interests of the estate and of the creditors that a Chapter 11trustee be appointed as the equity holders had an incurable conflict of interest. (Bankr. S.D.Fla.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal; When Required.

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Commercial opinion summary, case decided on June 16, 2022 , LexisNexis #0822-044

No Rust Rebar, Inc., In re

Ruling
Chapter 11 case converted to Chapter 7 as the debtor’s principal comingled assets and theproposed Subchapter V plan was materially insufficient. (Bankr. S.D. Fla.)
Issue(s)
Conversion or Dismissal; Involuntary Conversion or Dismissal.

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Commercial opinion summary, case decided on May 23, 2022 , LexisNexis #0722-071

Bal Harbour Quarzo, LLC, In re--Dillworth v. Diaz

Ruling
Post-confirmation creditors' committee did not have the unconditional right to intervene in anadversary proceeding brought by a liquidating trustee. (Bankr. S.D. Fla.)
Issue(s)
Right to Be Heard; Parties in Interest.

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Commercial opinion summary, case decided on April 15, 2022 , LexisNexis #0622-043

Soler, In re

Ruling
Court had the authority to enjoin the debtors from filing any further bankruptcy cases relatingto two properties as debtors were bad-faith, vexatious litigants. (Bankr. S.D. Fla.)

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Consumer opinion summary, case decided on April 08, 2022 , LexisNexis #0622-026

Perez, In re

Ruling
Court erred in finding that the shared responsibility payment for failing to obtain healthinsurance was not a tax measured by income as the SRP was calculated as a percentage ofhousehold income. (Bankr. S.D. Fla.)
Issue(s)
Debtor's Duties; Required Acts; Surrender of Property and Recorded Information to

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Consumer opinion summary, case decided on March 17, 2022 , LexisNexis #0522-036

Majestic Gardens Condo. C Ass'n, In re

Ruling
Debtor's calendaring error was not grounds for an extension of the deadline for filing aSubchapter V plan. (Bankr. S.D. Fla.)
Issue(s)
Computing and Extending Time; Time for Motion Papers; Enlargement; In

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Commercial opinion summary, case decided on March 14, 2022 , LexisNexis #0522-050

Cavallino, In re

Ruling
Landlord was not entitled to except from discharge rents or security deposits it claimed weredue from the debtor's property management company. (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 March 14, 2022 , LexisNexis #0522-015

Case, In re--Rosen v. Case

Ruling
Motion to dismiss nondischargeability proceeding granted in part and denied in part. (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 February 24, 2022 , LexisNexis #0422-060