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Georgia

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

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

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

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

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

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

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

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

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

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.)
ABI Membership is required to access the full summary of I & I Pizza of Atlanta, Inc., In re--I & I Pizza of Atlanta, Inc. v. Black. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on July 02,2019, LexisNexis #0919-016

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