Sep
25
2019
Pierce, In re
Ruling:
Court abstained from hearing adversary proceeding as the claims asserted were state lawclaims that did not arise under Title 11. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on September 25,2019, LexisNexis #1119-050
Aug
16
2019
Patel, In re--Patel v. Patel
Ruling:
Arbitration award was a violation of the automatic stay as the arbitration was a judicialproceeding against the debtor to collect a pre-petition debt and was commenced after debtor'sbankruptcy filing. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on August 16,2019, LexisNexis #1019-053
Aug
19
2019
Elhag, In re--Davis, Matthews & Quigley, P.C. v. Elhag
Ruling:
Award of attorney fees to a former spouse in a divorce action but payable directly to theformer spouse's attorney was a debt "owed to" the former spouse. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on August 19,2019, LexisNexis #1019-064
Aug
21
2019
Blige, In re
Ruling:
Debtor's Chapter 13 case was dismissed for misrepresentations that constituted an abuse of theprovisions, purpose, and spirit of the Bankruptcy Code. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on August 21,2019, LexisNexis #1019-069
Aug
05
2019
WBY, Inc., In re
Ruling:
Motion to modify confirmed Chapter 11 plan denied as the court could not re-insert orotherwise enforce injunctive language that was purposefully removed from the original planby the debtor. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on August 05,2019, LexisNexis #1019-020
Jun
04
2019
Collins, In re--Collins v. Conventry Pointe Acquisition, LP
Ruling:
Debtor's motion for violation of the automatic stay was denied as her testimony wasinsufficient to support the allegation that she was injured by respondent's stay violation.(Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on June 04,2019, LexisNexis #1019-007
Jul
30
2019
Miller, In re
Ruling:
Trustee was empowered to avoid post-petition transfer where mortgage was recordedoutside of the chain of title by creditor seeking to use bona fide purchaser statusdefensively. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on July 30,2019, LexisNexis #0919-089
Jul
30
2019
Brownlee, In re--Kelley v. Stone & Baxter, LLP
Ruling:
Trustee's avoidance actions were not time barred where timing of permanent appointmententitled trustee to a one-year extension. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on July 30,2019, LexisNexis #0919-086
Jul
05
2019
Think Retail Sols., LLC, In re--Trauner v. Delta Air Lines, Inc.
Ruling:
Creditor was entitled to summary judgment as the trustee failed to make a prima facie case forfraudulent transfer and for unjust enrichment. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on July 05,2019, LexisNexis #0919-041
Jul
02
2019
I & I Pizza of Atlanta, Inc., In re--I & I Pizza of Atlanta, Inc. v. Black
Ruling:
Late-filed proofs of claims disallowed in absence of excusable neglect despite debtor’s failureto schedule the claims as disputed and unliquidated. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on July 02,2019, LexisNexis #0919-016
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