Feb
13
2020
Polk, In re--Kapitus Servicing, Inc. v. Polk
Ruling:
Debt was dischargeable where creditor failed to prove that debtor intentionally made amisrepresentation regarding solvency where debtor testified that when he filed bankruptcy hedid not know the extent of claim by the IRS. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on February 13,2020, LexisNexis #0320-084
Feb
14
2020
Brown, In re
Ruling:
Case dismissed where imprisoned debtor, who failed to request a waiver of attendance ofmeeting of creditors, was an ineligible debtor due to claimed status as a trust. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on February 14,2020, LexisNexis #0320-079
Jan
27
2020
Hrn Group, In re
Ruling:
Abstention was warranted where state law issues predominated over the bankruptcy issues inadversary proceeding. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on January 27,2020, LexisNexis #0320-048
Jan
17
2020
Gerard, In re--Gerard v. United States Dep't of Educ.
Ruling:
Debtor's motion to compel creditor to refrain from requirement of repayment or collection ofstudent loan debt denied as debtor not likely to succeed in showing that the creditor wasdischargeable. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on January 17,2020, LexisNexis #0220-085
Jan
15
2020
Blocker, In re
Ruling:
Debtors' failure to perform under the consent order and settlement agreement failed toestablish false representation or actual fraud for purposes of nondischargeability. (Bankr. N.D.Ga.)
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Consumer case opionion summary, case decided on January 15,2020, LexisNexis #0220-058
Jan
06
2020
Johnson, In re
Ruling:
Grounds existed to modify the dismissal of the case as it was based on debtor's failure to payrather than on her failure to prosecute the Chapter 13 case. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on January 06,2020, LexisNexis #0220-027
Dec
19
2019
Polk, In re
Ruling:
Creditor failed to carry its burden of proof that its claim was nondischargeable as creditorfailed to prove that debtor intentionally made a misrepresentation regarding solvency. (Bankr.S.D. Ga.)
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Consumer case opionion summary, case decided on December 19,2019, LexisNexis #0220-009
Dec
06
2019
Douglas, In re--Davey v. Auto. Acceptance Corp.
Ruling:
Court allowed creditor's amendment where pre-bar date filings constituted an informal proofof claim. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on December 06,2019, LexisNexis #0120-035
Nov
26
2019
Aspen Village at Lost Mt. Assisted Living, LLC, In re
Ruling:
Confirmation was denied as debtors' plan did not provide a secured creditor with the presentvalue of its claim. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on November 26,2019, LexisNexis #0120-021
Nov
13
2019
Hrn Group, In re
Ruling:
Court's legal error in lifting stay did not justify recusal. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on November 13,2019, LexisNexis #1219-096
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