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Georgia

Bowers, In re--Kelley v. Ocwen Loan Servicing, LLC

Ruling: 
Trustee's interest in debtor's property was free and clear of bank's security deed as he may claim the interest of a bona fide purchaser. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on December 26,2018, LexisNexis #0219-082

Clayton, In re--GGG Partners, LLC v. Atlas Health Care Linen Servs, Co., LLC

Ruling: 
Summary judgment in preference proceeding was denied where satisfaction of the ordinary course of business test was a question of material fact. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on December 21,2018, LexisNexis #0219-083

Mathis, In re--Mathis v. Eazy Ride Auto Sales, LLC

Ruling: 
Respondent's repossession and continued possession of debtor's automobile constituted a willful stay violation as it had adequate notice of debtor's bankruptcy case when it repossessed the vehicle. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on January 07,2019, LexisNexis #0219-028

Brownlee, In re--Kelley v. First Cmty. Bank

Ruling: 
Transfer of a judicial lien on real property was avoidable as acquisition occurred within the look-back period. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on December 03,2018, LexisNexis #0119-044

Stuart, In re--Endover Palisades, LLC v. Stuart

Ruling: 
Respondent violated the automatic stay by placing telephone calls to the debtor and to herbrother even after notice of bankruptcy filing. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on November 19,2018, LexisNexis #0119-003

Stuart, In re--Endover Palisades, LLC v. Stuart

Ruling: 
Levy on property was not prohibited by the automatic stay as it constituted an in rem actionagainst the property itself and not an in personam action against the debtor. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on November 19,2018, LexisNexis #0119-004

Alpha Protective Servs., In re--Gordon v. Rogich

Ruling: 
Pre-petition payment could not be avoided as the trustee met its burden in establishing that debtor was insolvent at the time of the transfer but failed to show that defendant had reasonable cause to believe debtor was insolvent. (Bankr. M.D. Ga.)
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Commercial case opionion summary, case decided on October 12,2018, LexisNexis #1118-078

Baker, In re--Franklin Fin. Corp. v. Baker

Ruling: 
Creditor's motion seeking stay relief was premature as it had not obtained a judgment against the debtor that could be executed. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on October 12,2018, LexisNexis #1118-064

A & B Assocs., L.P., In re

Ruling: 
Court held that debtor was a limited partnership under the laws of Georgia and that it waseligible to seek reorganization in the chapter 11 bankruptcy case as they elected to continuethe limited partnership notwithstanding any dissolution. (Bankr. S.D. Ga.)
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Commercial case opionion summary, case decided on September 26,2018, LexisNexis #1118-003

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

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