Sep
12
2018
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
Sep
06
2018
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
Aug
30
2018
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
Aug
07
2018
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
Aug
28
2018
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
Aug
29
2018
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
Jun
17
2017
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
Aug
22
2018
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
Aug
21
2018
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
Aug
21
2018
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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