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District of georgia

Joshua, In re

Ruling
Immediate return of the debtor's vehicle, which had been repossessed prepetition, was inappropriate and a hearing was required as the debtor had not proposed a treatment for the vehicle securing the creditor's claim or offered adequate protection. (Bankr. N.D. Ga.)
Issue(s)
Automatic Stay.

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Consumer opinion summary, case decided on October 04, 2024 , LexisNexis #1224-054

Curepoint, LLC, In re--Wender v. Miles

Ruling
Trustee had standing to bring claims that were properly disclosed and reserved in confirmed Chapter 11 plan and transferred to the liquidation trust. (Bankr. N.D. Ga.)
Issue(s)
Contents of Plan; Discretionary Provisions; Claims of Debtor.

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Commercial opinion summary, case decided on September 30, 2024 , LexisNexis #1224-047

Carter, In re--Armstrong v. Carter

Ruling
State court sanctions order did not have preclusive effect in nondischargeability proceeding. (Bankr. N.D. Ga.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted.

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Consumer opinion summary, case decided on September 30, 2024 , LexisNexis #1224-033

Medcross Imaging, LLC, In re--Pettie v. Medcross Imaging, LLC

Ruling
Transfers could not be avoided absent any evidence that defendant was the initial transferee or an immediate or mediate transferee of the initial transferee. (Bankr. N.D. Ga.)
Issue(s)
Liability of Transferee of Avoided Transfer.

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Commercial opinion summary, case decided on September 26, 2024 , LexisNexis #1224-042

Kiener Maschinenbau GmbH, In re

Ruling
Creditor's requests for stay relief and to pursue collection from Chapter 15 debtors' insurance policy in the U.S. courts were granted as requiring her to litigate abroad would deprive her of her right to a jury trial. (Bankr. N.D. Ga.)
Issue(s)
Order Granting Recognition.

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Consumer opinion summary, case decided on September 16, 2024 , LexisNexis #1224-019

Chipley's Fam. Rest., LLC, In re--Walker v. CFG Merchant Sols., LLC

Ruling
Statute restricting venue did not apply to preference actions. (Bankr. M.D. Ga.)
Issue(s)
Fraudulent Transfers and Obligations.

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Commercial opinion summary, case decided on September 06, 2024 , LexisNexis #1124-062

Robertson, In re

Ruling
Debtor's counsel sanctioned for lack of preparedness that negatively impacted the debtor andslowed and frustrated the bankruptcy process. (Bankr. N.D. Ga.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies

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Consumer opinion summary, case decided on August 07, 2024 , LexisNexis #1024-049

Florist Atlanta, Inc., In re

Ruling
Services of Subchapter V trustee ordered terminated upon substantial consummation ofmodified consensual plan and filing of final report. (Bankr. N.D. Ga.)
Issue(s)
Confirmation of Plan; Terms

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Commercial opinion summary, case decided on August 06, 2024 , LexisNexis #1024-038

Trimax Med. Management, In re

Ruling
Outstanding objections were overruled as the debtor carried its burden by meeting itsrequirements and demonstrated its proposed plan met the best interests of the creditors test.(Bankr. M.D. Ga.)
Issue(s)
Confirmation of Plan; Requirements.

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Commercial opinion summary, case decided on May 20, 2024 , LexisNexis #0724-066

3 Kings Constr. Residential LLC, In re

Ruling
Movant was not entitled to quash an examination as the pending proceeding rule did notapply given that the entry of a contempt order in the adversary proceeding was no longerpending. (Bankr. N.D. Ga.)
Issue(s)
Examination.

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Commercial opinion summary, case decided on May 17, 2024 , LexisNexis #0724-073