SE Property Holdings, LLC v. Gaddy (In re Gaddy), Case No. 19-11699 (11th Cir. 2020).
A debtor who fraudulently conveys away his assets may still discharge his loan debts notwithstanding 11 U.S.C. § 523(a)(2)(A) and 11 U.S.C. § 523(a)(6) if the loanswere not obtained by fraud and the injury was not the result of the debt itself; HuskyInternational Electronics, Inc. v. Ritz, 136 S. Ct. 1581 (2016), is distinguished.Gabriji, LLCv. Hollywood East, LLC, Case No. 4D19-3495 (Fla. 4th DCA 2020).
A prospective purchaser’sclaim for unjust enrichment arising from a pre-construction deposit on a condominium project that is later foreclosed is not limited by Florida Statute §95.11(5)(b)’s one-year statute of limitations (“[a]n action to enforce an equitable lien arising from the furnishing oflabor, services, or material for the improvement of real property” is oneyear).Howell v. Orange Lake Country Club, Inc.,Case No. 5D19-2473 (Fla. 5th DCA 2020).
A trial court must hold an evidentiary hearing to impose an injunction even when the defending party’s pleadings have been stricken.
