Georgia

Lariscey, In re--Lariscey v. MEB Loan Trust II

Ruling: 
Debtor was not entitled to summary judgment in stay violation proceeding where debtor'sright of redemption in the subject property terminated pre-petition. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on March 15,2022, LexisNexis #0522-031

Gibbs, In re--Gibbs v. Nationstar Mortg. LLC

Ruling: 
Court abstained from ruling on proof of claim that involved issues currently pending in statecourt. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on March 04,2022, LexisNexis #0422-094

Diget, In re--Diget v. Dubbeld

Ruling: 
Chapter 7 debtors lacked standing to object to a proof of claim where it could not be exceptedfrom discharge and there was no likelihood of a surplus. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on March 03,2022, LexisNexis #0422-080

Garcia, In re--Dobronski v. Garcia

Ruling: 
Judgment obtained against debtor in violation of the automatic stay was void. (Bankr. N.D.Ga.)
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Consumer case opionion summary, case decided on March 04,2022, LexisNexis #0422-082

Smith, In re--Smith v. Meredith

Ruling: 
Court exercised its discretion to require attorney to disgorge his fees and expenses inconnection with the settlement as he failed to comply with the applicable provisions of thebankruptcy code and rules. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on February 23,2022, LexisNexis #0422-027

Walker, In re

Ruling: 
State court judgment entered after debtors filed for bankruptcy was a stay violation andvoid as it affected the debtors or property that was then property of their bankruptcy estate.(Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on February 15,2022, LexisNexis #0422-007

Hamilton, In re--TitleMax of Ga., Inc. v. Hamilton

Ruling: 
Creditor's motion for relief from the automatic stay seeking permission to repossess a vehiclewas granted as nothing in the bankruptcy code permitted a Chapter 13 debtor to modify a titlepawn contract under state law. (Bankr. S.D. Ga.)
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Consumer case opionion summary, case decided on January 13,2022, LexisNexis #0322-001

Lingerfelt v. Lingerfelt

Ruling: 
Debt was nondischargeable because creditors provided sufficient facts to support theconclusion that the debtor's had an intent to deceive by statement and omission regarding hislicensure as a residential contractor. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on January 20,2022, LexisNexis #0322-009

Virtual Citadel, In re--Thomas Switch Holding, LLC v. Bay Point Capital Partners II, LP

Ruling: 
Court accepted an appraiser's value opinion as the best evidence of value of debtor's property.(Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on December 21,2021, LexisNexis #0222-058

Gordon, In re--Gordon v. BH Mgmt. Servs., LLC

Ruling: 
Motion to dismiss granted as filing a dispossessory proceeding in violation of the dischargeinjunction and failing to dismiss it for three years would have had a negative effect on thedebtor's credit report. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on December 10,2021, LexisNexis #0222-037

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