11th Circuit

Hayes, In re--McDermott v. Hauwanga

Ruling: 
Court imposed fines on bankruptcy petition preparer as he failed to file a fee disclosure statement, filed inaccurate fee disclosures, and failed to list identifying information on motions to withdraw case. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on September 12,2018, LexisNexis #1018-092

Clark, In re--Batanado v. Clark

Ruling: 
Debt deemed dischargeable as creditor knew something was afoul but continued therelationship. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on September 06,2018, LexisNexis #1018-070

Kenny, In re--Bryant v. Kenny

Ruling: 
Judgment debt could not be excepted from discharge where plaintiff failed to provejustifiable reliance as it required something more than a mere onetime oral conversation.(Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on August 30,2018, LexisNexis #1018-072

Arthur, In re--Coosemans Miami, Inc. v. Arthur

Ruling: 
Defendants' debt to the plaintiff could not be excepted from discharge where PACA trust wasnot a technical trust as the defendants were not required to segregate trust assets from nontrustassets and could use trust assets for their own purposes. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on August 07,2018, LexisNexis #1018-074

Powers, In re

Ruling: 
Creditor's motion for relief from stay against co-debtor granted as debtor's husband was a co-mortgagor with debtor and debtor's plan did not propose to pay the creditor's claim. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on August 28,2018, LexisNexis #1018-055

Brodgen v. Holmes Motors Inc.

Ruling: 
Debtor was entitled to recover actual damages as the company willfully violated the stay, and evidence supported an award for lost wages, damages, emotional distress, and reasonable attorney's fees. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on August 29,2018, LexisNexis #1018-037

Dopson, In re--Wilcox v. Dopson

Ruling: 
Debtor's motion to dismiss was granted as creditor’s first attempt to assert his rights came approximately two months after the 30-day window closed and thus, his claim was barred. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on June 17,2017, LexisNexis #1018-032

Sandalwood Nursing Ctr., Inc., In re--Schuler v. Sandalwood Nursing Ctr., Inc.

Ruling: 
Court granted debtor limited relief from automatic stay as debtor was a corporation in achapter 7 case and would not receive a discharge. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on August 22,2018, LexisNexis #1018-005

Spinks, In re

Ruling: 
Court held that the 180-day period of 11 U.S.C. § 507(a)(4) was not subject to equitable tollingas it was not a statute of limitation intended to protect against stale claims but to protectworkers in the event of their employer's bankruptcy. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on August 21,2018, LexisNexis #1018-008

Spinks, In re

Ruling: 
Court held that the 180-day period of 11 U.S.C. § 507(a)(4) was not subject to equitable tollingas it was not a statute of limitation intended to protect against stale claims but to protectworkers in the event of their employer's bankruptcy. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on August 21,2018, LexisNexis #1018-008

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