Georgia

Mitchell-Smith, In re--Palmer v. Mitchell

Ruling: 
Sale of single-family property ordered free and clear of interest of debtor’s son. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on February 16,2023, LexisNexis #0423-058

Handrix, In re

Ruling: 
Chapter 7 trustee was entitled to void a senior security deed as a preference where there was no dispute that the transfer was made on account of antecedent debt. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on February 13,2023, LexisNexis #0423-037

Heaven's Landing, LLC, In re

Ruling: 
Debtor's fourth amended plan of reorganization, in which the debtor proposed to pay all of its creditors in cash in full on the effective date of the plan and preserve the equity interests, was confirmed as modified. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on February 09,2023, LexisNexis #0423-041

Douglas Cullinan, In re--Coastal States Bank v. Douglas Cullinan

Ruling: 
Bankruptcy court would enter a stay pending appeal as to the wife to avoid irreparable harmto the creditor given the creditor's likelihood of success as to the grant of summaryjudgment as to her. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on January 18,2023, LexisNexis #0323-095

Hillis, In re

Ruling: 
The interests of the Chapter 7 trustee were adequately represented by Chapter 13 trustee priorto conversion so that Chapter 7 trustee lacked power to reevaluate validity of liens. (Bankr.M.D. Ga.)
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Consumer case opionion summary, case decided on January 11,2023, LexisNexis #0323-026

Yarbra, In re--Yarbra v. U.S. Bank Trust Nat'l Ass'n

Ruling: 
Stay automatically expired as to plaintiff after 30 days from the petition date but not as toproperty of the bankruptcy estate. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on January 11,2023, LexisNexis #0323-004

Gerstner, In re--NextGear Cap., Inc. v. Gerstner

Ruling: 
Debtor’s counsel sanctioned for failing to produce documents that he had in his possession atsignificant risk to client. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on December 30,2022, LexisNexis #0223-074

Collins, In re--Munn v. Collins

Ruling: 
Debt owed to debtor’s domestic relations attorney arose from fee arrangement that was not adomestic support obligation and was not entitled to priority status. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on December 20,2022, LexisNexis #0223-080

Kennedy, In re--Kennedy v. Najarian Cap., LLC

Ruling: 
Foreclosure of the property at issue did not violate the automatic stay as debtor had no legal orequitable interest in the property at the time of the foreclosure. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on November 17,2022, LexisNexis #0123-53

Cullinan, In re--Coastal States Bank v. Cullinan

Ruling: 
Plaintiff was not entitled to reinstatement of its mistakenly cancelled first security deed asdebtor-in-possession was entitled to stand in the shoes of a trustee as a bona fide purchaser forvalue. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on October 27,2022, LexisNexis #0123-019

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