Aug
11
2020
Hughes, In re
Ruling:
Automatic stay lifted as debtor failed to make post-petition mortgage payments for more thantwo years with no intention of providing for the claim or the lien. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on August 11,2020, LexisNexis #0920-055
Jul
28
2020
Dennis, In re--King v. Dennis
Ruling:
Default judgment of nondischargeability was granted in favor of creditors. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on July 28,2020, LexisNexis #0920-011
May
11
2020
Cook, In re
Ruling:
Debtor's request to impose the stay retroactively was denied as the court did not haveauthority under 11 U.S.C. § 105(a) to override 11 U.S.C. § 362(c)(4)(C). (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on May 11,2020, LexisNexis #0620-081
Apr
28
2020
In re Thompson v. Sawyer (In re Thompson)
Ruling:
Debtor's summary judgment granted where plaintiff failed to establish the existence of afiduciary relationship arising out of a technical trust. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on April 28,2020, LexisNexis #0620-062
Apr
21
2020
Miller v. New Penn Fin., LLC
Ruling:
Chapter 7 trustee was entitled to summary judgment in avoidance proceeding as she coulddefensively assert her rights as a bona fide purchaser under applicable state law. (Bankr. N.D.Ga.)
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Commercial case opionion summary, case decided on April 21,2020, LexisNexis #0620-039
Apr
09
2020
Gibbs, In re--Gibbs v. Gibbs
Ruling:
Abstention was warranted because the adversary proceeding largely involved state law issues.(Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on April 09,2020, LexisNexis #0620-021
Mar
31
2020
Sci. Fitness, LLC, In re--Evans Plaza Partners, LLC v. Evans Fitness Club Express, LLC
Ruling:
Landlord's complaint for damages was denied as the lease was rejected and could not havebeen assigned or transferred to defendant under the asset purchase agreement. (Bankr. S.D.Ga.)
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Commercial case opionion summary, case decided on March 31,2020, LexisNexis #0520-079
Apr
03
2020
Bay Circle Props., LLC, In re
Ruling:
Equity holders were not judicially estopped from contesting how much was owed as noamounts owing from either jointly administered debtor were specified in creditor’sfinancial statements. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on April 03,2020, LexisNexis #0520-080
Mar
31
2020
Landon, In re--Selma Dev., LLC v. Landon
Ruling:
Debt was dischargeable where creditor's contention that debtor acted willfully, maliciously,or fraudulently was without merit. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on March 31,2020, LexisNexis #0520-088
Mar
31
2020
Steed, In re--Steed v. Educ. Credit Mgmt. Corp.
Ruling:
Motions to dismiss post-dismissal proceeding between debtor and other parties granted as itwas no longer a bankruptcy matter. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on March 31,2020, LexisNexis #0520-070
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